Wine & Alcohol

News & Analysis as of

How do you like your rum?

I don’t know what the record is for the longest time it has taken for a trademark application to clear the Trademark Office, but I’m pretty sure that Havana Club would medal. The application for the Havana Club mark for rum...more

North Carolina ABC Regulations Affecting Retail and Advertising Under Review

The North Carolina ABC Commission is conducting a review of the ABC regulations in Chapter 15B (formerly 2S). The regulations under review primarily affect restaurants, bars, private clubs, and other retail establishments...more

Ninth Circuit Opens the Door to Relaxing Decades-Old Law Restricting Supplier-Paid Advertising in Retail Establishments

In a decision released on January 7, 2016, Retail Digital Network LLC v. Jacob Appelsmith, the U. S. Court of Appeals for the Ninth Circuit overturned 29-year-old precedent set in Actmedia Inc. v. Stroh, which held that those...more

Early Southeastern Legislative Activity

Many state legislatures are getting into gear for the 2016 legislative session and regulatory reform around the alcohol manufacturing industry is sure to be a hot issue for many states in 2016. Two bills have already popped...more

Stolichnaya: Comity or Confiscation; and Is That For US Courts to Decide?

The Second Circuit recently issued its latest ruling in a long-running legal battle over the trademark rights to the STOLICHNAYA trademark. In this latest decision in the 12-year dispute, the Court ruled that an agency of the...more

Ninth Circuit Opinion Calls into Question Constitutionality of California Tied-House Laws

On January 7, 2016, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Retail Digital Network, LLC v. Appelsmith, overruling longstanding Ninth Circuit precedent concerning the legality of certain...more

TTB Publishes Projected Regulatory Agenda as Part of Government’s Unified Agenda

As it does twice per year, the Alcohol and Tobacco Tax and Trade Bureau (TTB) recently published its projected Regulatory Agenda as part of the federal government’s “Unified Agenda.” Links to the U.S. Department of...more

[Webinar] Beer & Wine Branding: Eight Things Almost No One Will Tell You - January 13th, 2:00pm EST

Winemakers and brewers have an instinctive grasp on the importance of establishing a strong brand identity, and many articles, blogs and websites offer advice on the subject. But almost none of these sources touch on eight...more

European Court of Justice Rules that a Scottish Law Establishing Minimum Unit Pricing for Alcoholic Drinks May Violate EU Law

On 23 December 2015, the Court of Justice of the European Union (ECJ) – Europe’s highest court – ruled that a Scottish law establishing minimum unit pricing for alcoholic drinks may violate European Union law. The case...more

Cold Beer Is Apparently Not a Constitutional Right

If you were hoping to pick up a cold one at an Indianapolis convenience store on your way to a holiday party this weekend, think again. The Seventh Circuit Court of Appeals recently issued a decision in Indiana Petroleum...more

PATRÓN Tequila Bottle Design Enforcement?

When we write about non-traditional trademark enforcement here on DuetsBlog, we almost always are referring to the protection of non-traditional marks like product configurations, product containers, product packaging, color...more

Tis the Season for Good Party Planning

Holiday parties are a great way for employers to boost morale and bring employees together to celebrate the season and the past year’s accomplishments. However, if not properly planned, a holiday party may bring an...more

Catchy Name and Label Sells Spirits

When I was in London last month, I had the pleasure of meeting one of the owners of SIPSMITH® independent spirits. I had noticed the fabulous label on the gin with the swan’s neck pipe motif while dining at Berners Tavern in...more

A Trademark Year in Wine and Beer 2015: Our Holiday Buyer’s Guide to Disputed Beverages

Just in time for the holiday season, we present our second annual Trademark Year in Wine and Beer. Whether you are planning a holiday party or just having some friends over, you are probably in the market for some liquid...more

FDA Seeks Input on Uses of “Natural” in Food and Beverage Labeling

Earlier this month, the U.S. Food and Drug Administration (FDA) invited public comments on uses of the term “natural” in food and beverage labeling and whether “natural” should apply only to “unprocessed” foods. The FDA’s...more

Single-Payer Health Care Plan Makes Ballot, Beer and Wine Initiatives Filed

On Nov. 9, 2015, the Colorado Secretary of State announced that the proponents of a ballot measure to create a single-payer state health care system had submitted a sufficient number of signatures for the measure to appear on...more

Brandmarking: The Naked Truth About Wine And Beer - November 2015 • Volume 4, Number 5

In January 2009, an Australian company named Innvopak Systems applied to register WINEBUD as a trademark for (three guesses?) wine. Perhaps anticipating trouble, Innvopak expressly stated in its application – not once but...more

TTAB finds confusion between Winebud wine and Bud beer | World Trademark Review

In Anheuser-Busch LLC v Innvopak Systems Pty Ltd (Case No 91194148, August 19 2015) (precedential), the Trademark Trial and Appeal Board (TTAB) has found that the applicant’s mark WINEBUD for wine is confusingly similar to...more

Avoiding Holiday Liability

‘Tis the season to be jolly. While you are enjoying a cup of hot chocolate and planning this year’s office party, don’t forget to take a moment to assess the potential legal liability of company-sponsored holiday festivities....more

TTAB Makes Double Brown Ale Open to Nut Sack Mark

In a ruling bound to please 15 year-old boys everywhere, the USPTO Trademark Trial and Appeal Board (“TTAB”) reversed the Examining Attorney’s refusal to register the trademark NUT SACK DOUBLE BROWN ALE (in standard character...more

California Enacts Craft Distilleries Act

Craft distilleries are on the rise in the United States, growing at a rapid rate in recent years as tastes have trended towards cocktails and spirits. Recognizing the opportunity for further growth in this $10.3 billion...more

Bud…Bud-WINE-Err?

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...more

Jury Awards $240,000 to Muslim Truck Drivers In EEOC Religious Discrimination Suit

Star Transport Fired Truckers for Refusing to Transport Alcohol, Federal Agency Charged - CHICAGO - A federal jury in Peoria, Ill., has awarded $240,000 to two Somalian-American Muslims who were fired from their jobs as...more

Deadline Extensions Possible for Expanded Retail Accountability Program

The rollout of the newly expanded Tennessee Retail Accountability Program is meeting with some opposition as the first reporting deadline under the 2015 changes in the program approaches. In response to these concerns, the...more

Jagla Moderates INTA/OHIM Examiner Training Highlighting Business in Regulated Industries and the Regulatory Impact on Trademarks

A diverse panel of International Trademark Association (INTA) members met with Office of Harmonization for the Internal Market (OHIM) officials, OHIM examiners and representatives from the national offices in Alicante, Spain,...more

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