In This Issue:

Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage Industry.

Excerpt from Trademark Functionality in the Beverage Industry -

Diageo, the world’s largest producer of spirits, has recently found itself in several significant trademark disputes regarding a number of the company’s spirit lines. In a case decided in May 2012 Maker’s Mark brought suit against Diageo regarding use of the dripping red wax seal made famous by Maker’s Mark. In a case decided in March 2013 American Beverage Corporation brought suit against Diageo over use of flexible foil pouches to deliver frozen cocktail products. And in an ongoing case, Diageo brought suit against Mexcor alleging infringement of some of the company’s Crown Royal marks. This article discusses the outcome of the Maker’s Mark and American Beverage cases, and discusses the strengths and weaknesses of the arguments asserted in the yet to be decided Mexcor case.