On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards...more
On June 8, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, holding that parody trademarks do not receive special First Amendment protection when they function as...more
7/19/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
In addition to the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I on COLAs, and the intellectual property protection offered by trademarks, as discussed in the Anatomy of a...more
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
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
A recent decision of the Trademark Trial and Appeal Board (“TTAB”) highlights the overlap between trademark law and food regulatory law as well as the United States’ and Europe’s different approaches to Geographic Indications...more
In prior installments of our series on branding considerations and trademark disputes in the beverage alcohol industry, we examined best practices relating to trademark selection and searching to hopefully avoid branding...more
U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the...more
On March 4, 2019, the U.S. Supreme Court issued its decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, holding that, with very limited exceptions, copyright owners must receive a registration from the U.S....more