News & Analysis as of

Wine & Alcohol Brand

Baker Donelson

Baker's Trademark Developments of 2024

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2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more

Dickinson Wright

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

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“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields...more

Felicello Law PC

Lessons On Arbitration Carveouts From Diddy-Diageo Suit

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Combs Wines and Spirits LLC, a company owned by Sean “Diddy” Combs, has a long-standing business relationship with Diageo North America Inc. by which Diageo distributes Ciroc Vodka and DeLeon Tequila. In May, Combs filed a...more

Seyfarth Shaw LLP

A Toast to Diversity?:  Sean “Diddy” Combs’ Suit Against Diageo Heats Up

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Seyfarth Synopsis: In May 2023, music and entertainment mogul Sean “Diddy” Combs, through his company, Combs Wines and Spirits LLC, commenced a lawsuit in New York Supreme Court alleging that Diageo North America, a...more

Farella Braun + Martel LLP

Uncorked With Farella: Art of the Real Estate Deal With Bart Araujo

Katherine Philippakis' guest on this episode of Uncorked With Farella shares his experience building luxury brands. Bart Araujo owned one of Napa's greatest wineries and is a master of the art of the real estate deal. They...more

Davis Wright Tremaine LLP

Where's the Whisky? A Cautionary Tale for Brand Extensions

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...more

Akerman LLP - Marks, Works & Secrets

Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: ...more

Dunlap Bennett & Ludwig PLLC

Second Circuit Puts A Bulleit In Redemption As Diageo Wins Appeal

In generations past, whiskey wars involved fast cars, false bottom trunks, and an occasional real shot or two. Back then the primary questions about bottles involved how much they could bounce around without cracking. Times...more

ArentFox Schiff

Celebrity Collaborations Are All the Buzz: Six Key Considerations for Alcohol Beverage Brands and Celebrities

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What do comedian Kevin Hart, model Kendall Jenner, rapper Snoop Dogg, actor Dwayne “The Rock”, Johnson and CNBC’s “Mad Money” host Jim Cramer have in common? They all have inked deals recently to promote alcohol beverage...more

Ward and Smith, P.A.

The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 2

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What's in a name?  Beer names can be funny, creative, and whimsical.  But with the growing popularity of craft brewing, it's becoming increasingly difficult to come up with a name that isn't already taken. In Part 1 of...more

Troutman Pepper

Advertising Compliance in the Alcoholic Beverage Industry

Troutman Pepper on

We recently posted that the Federal Trade Commission (FTC) issued warnings to a large number of companies in various industries about “unfair” or “deceptive” trade practices related to third-party endorsements. Some of the...more

McDermott Will & Emery

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - September 29th, 12:00 pm - 1:00 pm...

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Alcohol beverage companies must contend with an ever-evolving regulatory landscape, including unpacking the new environment under US President Joe Biden’s executive order on competition. How do you differentiate as a brand...more

Husch Blackwell LLP

Anatomy Of A Beer Label: Part II

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Aside from the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I post on COLAs, brewers should consider protecting the trademarks featured on their beer labels...more

McDermott Will & Emery

[Webinar] Navigating Regulatory Landmines: Consumer Protection for Alcohol Beverage Companies - August 12th, 12:00 pm - 1:00 pm...

As alcohol products compete in an increasingly competitive marketplace, how do you differentiate as a brand while being mindful of regulatory landmines? Join us for the second webinar in our Alcohol Quarterly Update Series on...more

Husch Blackwell LLP

Anatomy Of A Beer Label: Part I

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A beer label tells consumers more than just what the bottle or can contains (e.g., brewed hops, grain, yeast, and water). Labels inform consumers of important facts like the alcohol content by volume (ABV) and the net...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #2

LEGISLATION, REGULATIONS & STANDARDS - France to Ban Mass Culling of Male Chicks - France’s agriculture minister has reportedly announced that the country will prohibit the mass culling of male chicks shortly after they...more

Husch Blackwell LLP

Steer Clear With Your Beer Branding

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Avoiding Trademark Disputes in the Alcoholic Beverage Industry- In the first installment of our series on trademark disputes in the alcoholic beverage industry, we identified the risks facing industry participants on the...more

Holland & Knight LLP

Florida Alcoholic Beverages Trade Practices Guide

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The Florida Alcoholic Beverages Trade Practices Guide is a reference tool that addresses Florida Statute §561.42, referred to as the Tied House Evil law. The statute provides prohibitions and limitations related to the...more

Fish & Richardson

Distillations: A Toast to Champagne

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Welcome to the first in a series of Distillations blog posts on Fish Trademark & Copyright Thoughts. Distillations will discuss notable decisions and developments in trademark and advertising law as they relate to the beer,...more

Miles & Stockbridge P.C.

Avoiding Disaster - the Importance of an Intellectual Property Protection Plan for Breweries, Wineries and Distilleries

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An effective intellectual property protection strategy is vital for almost every business, but is perhaps even more important for businesses such as breweries, wineries and distilleries where much of their product...more

McDermott Will & Emery

Texas Court Strikes Down Prohibition on Payments for Brand Rights

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Late last week, a district judge in Texas declared unconstitutional under the Texas Constitution a provision of the state’s Beer Industry Fair Dealing Law (i.e., the beer “franchise” law) that expressly prohibits a brewer...more

Williams Mullen

North Carolina ABC Commission To Hold Meetings to Discuss Rule Revisions

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Beginning in May 2016, the North Carolina ABC Commission will hold a series of “informal chat sessions” to discuss needed revisions to the ABC regulations. These sessions are not the public hearings that are required during...more

Lewitt Hackman

FRANCHISOR 101: Time for a Tall One? 3rd Circuit Affirms MillerCoors' Victory in Dispute

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A U.S Court of Appeals ruled in favor of MillerCoors finding the brewer did not violate its distribution agreement with a beer distributor or Pennsylvania's alcohol beverage laws when it (i) assigned distribution rights for...more

Foley Hoag LLP - Trademark, Copyright &...

Seeing Double Trademarks on St. Patrick’s Day? It’s Probably the Guinness

St. Patrick’s Day is upon us, which in Boston means loads of Kelly green, a famously-litigated parade, and a huge spike in the consumption of Guinness. The iconic dark stout travels in equally recognizable containers, each...more

Davis Wright Tremaine LLP

You May Not Be Entitled To Use Your Own Name

Working with several artisan food and alcohol producers as clients, we frequently notice that using one’s own name (first, last, or both) as a brand name in association with one’s goods is very common in these industries....more

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