Wine

-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

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,

–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