In a recent federal court ruling, a judge articulated once again why famous brands enjoy greater rights than those that lack renown
The case pits two giants in wholly unrelated fields— clothing versus alcoholic beverages.
The lesson? Liquor sellers should exercise caution and select brand names that are not the same or are not similar to those of existing “famous” brands, even in completely unrelated fields. » Read More
Relax. You may not always need a COLA to register your brand in New Jersey.
In a prior post, we talked about the need to obtain a COLA for New Jersey brand registration per New Jersey regulations, even if the brand is sold intrastate only, or just in your taproom (and therefore would not require a COLA under federal law). » Read More
In a recent opinion, Sazerac Brands, LLC v. Peristyle, LLC, the U.S. Court of Appeals for the Sixth Circuit issued a decision finding in favor of a Kentucky bourbon distillery that their use of “the Former Old Taylor Distillery” or “Old Taylor” was classic fair use of Sazerac’s trademarks OLD TAYLOR and COLONEL E.H. » Read More
In the spirit of upcoming Cinco De Mayo, it’s time to think about your favorite margarita recipe. I happen to prefer my margarita with mezcal instead of tequila. And while mezcal, known as tequila’s spicy and smoky cousin, may certainly taste “distinctive,” the TTAB found that a bottle configuration for mezcal was not distinctive enough for registration. » Read More
A recent case before the U.S. Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) pits the owner of rights in J.R.R. Tolkien’s Middle-earth fantasy book series against craft brewer American Beerworks, which filed a trademark application based on intent to sell a beer under the name RADEGAST. » Read More
Earlier this month, Stone Brewing Company (“SBC”), a craft brewery in Southern California, sued Molson Coors Brewing Company and MillerCoors LLC (together “MillerCoors”) for trademark infringement and related unfair competition claims arising from MillerCoors’ use of the STONE® trademark in advertising its KEYSTONE beer. » Read More
Hard cider (or alcoholic cider as it is commonly called) has been around for centuries, especially in Pennsylvania. Being home to many apple orchards, Pennsylvania is starting to see numerous cideries (like a brewery, but for hard cider) popping up anywhere from apple orchards and farms to urban centers. » Read More
Effective January 1, 2018, the Pa.L.C.B. is only requiring a COLA to be obtained from the TTB, and filed with the Office of Malt Beverage Compliance, for brand registration if the brands will be sold to licensees, including restaurants, hotels, distributors, clubs and other manufacturers. » Read More