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Tag Archives: whiskey

THE SLANTS Decision Affects More than a 2(a) and an (R)

Posted in First Amendment

In Monday’s decision in the newly minted Matal v. Tam case, the Supreme Court affirmed the Federal Circuit decision that the Trademark Office’s refusal to register THE SLANTS mark on disparagement grounds was unconstitutional.  Many were not surprised by this decision, foreshadowed in part by the transcript of the January oral argument where the justices… Continue Reading

Consent or Not, No Trademark Registration for Brewer’s TIME TRAVELER BLONDE Mark

Posted in Agreements, Almost Advice, Branding, Product Packaging, Trademarks, TTAB, USPTO

When an application has been refused registration in view of another’s prior filed mark, one way to resolve the issue is through a consent agreement wherein the registrant consents to the registration and the parties set out the reasons why the parties believe that there is no likelihood of consumer confusion between the marks.  A… Continue Reading

I See Black Labels

Posted in Branding, Dilution, Loss of Rights, Marketing, Trademarks

–Dan Kelly, Attorney Last year, I commented on the ubiquity of blue ovals in branding.  Today, I’m wondering about the BLACK trend in whiskey branding.  Many whiskey distilleries produce BLACK-branded labels: Of course, some don’t use the word BLACK, but do use black labels: Even when these companies do not use the word BLACK in a particular… Continue Reading