-Martha Engel, Attorney
Trademark issues regarding breweries and wineries are increasingly intertwined as both breweries and wineries grow, flower, and spread out throughout the country. I have talked before about the issues relating to a perceived likelihood of confusion between marks on beer used by breweries and marks on wine used by wineries (see here
-Martha Engel, Attorney
You might be familiar with the popular mid-90s commercials suggested by the title of this post. However, the intention of this post is about the use of trademarks on beer to refuse trademark protection for wineries and vice versa, which is an increasing problem for the growing craft alcohol industry.
Recently
The HBO show “Game of Thrones” is a popular show for nerds and non-nerds alike. And if you also happen to be a beer nerd, Brewery Ommegang has been making a series of Game of Thrones-inspired beers in a collaboration with HBO. This is just another example of a trend of breweries, wineries, and distilleries
Minnesota is known as the North Star State – L’Étoile du Nord. The state of hipsters, unique dining experiences, bitter cold winters, gorgeous summer nights, and fantastic craft brewers also has an impressive craft cocktail scene. One of its stars has been Johnny Michaels, formerly barman at La Belle Vie, a restaurant that is consistently
While the Minnesota state legislature ponders whether consumers should be able to purchase liquor on Sundays within the state, the U.S. Trademark Trial and Appeal Board (TTAB) has once again concluded that consumers are likely to be confused that beer sold under one mark comes from the same source as wine (or another liquor)
When claims of trademark infringement make the news, it is often because a billion dollar corporation is suing old man Donaldson’s tavern for trademark infringement (Although, McDonaldson’s might have been a bad choice…). You’ve got your Ikeas, your Googles, Chick-fil-As, and your NFLs of course (not the National Forensics League, they’re cool).
Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark):
Here is the USPTO drawing on the left, showing the claimed mark without any words or colors:
So, besides claiming a broader scope of rights
— Randall Hull, The Br@nd Ranch®
In August 2012 I wrote about Sanrio’s well-known brand, HELLO KITTY and its appearance on customized assault rifles, as an example of unfortunate brand association.
To paraphrase the late Ronald Reagan, “Here we go again.”
This September, I guess just in time for the fall drinking season,
Last week I stopped at a local wine and beer store to pick up a bottle of wine to bring to a friend’s dinner party (but also couldn’t resist purchasing a 4-pack of Surly’s Bitter Brewer. I had never seen it before, but highly recommend it). As I walked back to my car I noticed
–Dan Kelly, Attorney
VS. 
Remarkably, this is not a new promotion for World Wrestling Entertainment. No, a few outlets reported last week that WWE has opposed The American Wine Foundation’s application to register the trademark SOMMELIER SMACKDOWN for use in connection with “Entertainment services, namely, conducting contests in the field of food and wine