Back in 2018 (seems like a decade ago during these unusual times), I posted a couple times about a trademark infringement complaint by Stone Brewing, a craft brewery in California, against MillerCoors. The complaint alleged that the rebranded cans and packaging of the Keystone beer, which added separate emphasis of the word “STONE,”
Craft beer
Budweiser and Jim Beam on the Same Team
In April, news broke that two iconic alcohol brands were joining forces to create a remarkable new beer: Jim Beam Budweiser Copper Lager. Fruit of the joint labor is now available for consumption:
The unique combination doesn’t appear destined to fall flat, as in the early days since launch, it seems to be…
Trade Dress Catches Up With Ketchup
-Martha Engel, Attorney
On a recent happy hour trip to HopCat, a brewpub chain with an incredible beer list of local and regional craft beers, I expected to find a trademark issue or two among the tap handles. However, instead, I was distracted by a “catsup” bottle (hah) positioned casually next to a bottle of…
Update: Stone Brewing v. MillerCoors – Answer and Counterclaims
A couple months ago, I posted about the contentious trademark battle involving Stone Brewing Co., a craft brewery based in California, who filed a trademark infringement complaint against giant beer conglomerate MillerCoors LLC and Molson Coors Brewing Co. (“MillerCoors”). The complaint is based on the recent rebranding of the MillerCoors “Keystone” beer, which separates and…
The PHILLY SPECIAL Isn’t So Special
-Martha Engel, Attorney
Well, it is the end of February and the Super Bowl hangover in Minneapolis might finally be over. But that doesn’t mean there isn’t still time to analyze trademarks related to the Big Game. Much ado was made about the Eagles’ “Philly Special” trick play. When a catch phrase is born,…
Stone Brewing v. MillerCoors: A Key(STONE) Trademark Battle
Stone Brewing Co., an independent craft brewery based in California, has filed a trademark infringement complaint against MillerCoors LLC and Molson Coors Brewing Co. (collectively “MillerCoors”). The complaint is based on the recent rebranding of the MillerCoors “Keystone” beer. The rebranded packaging separates “Keystone” into two words, with the smaller word “KEY” on a separate…
Tasting Notes: When Alcohol Goods and Services Descriptions Matter
-Martha Engel, Attorney
On December 11, I will be presenting a CLE on Brewery and Distillery Law, discussing trademark issues affecting breweries and distilleries. One of the topics that I’ll spend some time on during that presentation – and one that we’ve covered a lot here – is how the Trademark Office considers beer…
THE SLANTS Decision Affects More than a 2(a) and an (R)
-Martha Engel, Attorney
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…
The Muddy Waters of Use for Beer Brands
-Martha Engel, Attorney
The Craft Brewers Conference is an impressive affair. Between the number of brewers I’ve met from across the country as well as internationally, and the colossal trade show, the breadth and scope of the industry is probably most visible from this event. Set in D.C. this year, it’s surrounded by important historical…
“Pardon Me, PORTON,” says PATRON, “But We Heard You”
-Martha Engel, Attorney
Pisco is a light-colored brandy traditionally produced in portions of Peru and Chile. One brand that offers this product in the United States is PISCO PORTÓN (the latter word meaning “gate” in Spanish).
Pisco Porton has a number of registrations including PORTÓN, PISCO PORTON, and PISCO PORTON THE AUTHENTIC PERUVIAN PISCO.
The…