News & Analysis as of

Likelihood of Confusion Beverage Manufacturers

Foley Hoag LLP - Making Your Mark

Brewed in San Diego: Trademark Lessons from America's Craft Beer Capital and Beyond

This year, the INTA Annual Meeting lands in sunny San Diego, California—a city known not only for its breathtaking coastline, laid-back vibe, and rich cultural diversity, but also for its dynamic landscape of iconic brands...more

Weintraub Tobin

(Podcast) The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

Weintraub Tobin on

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...more

Weintraub Tobin

The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category

Weintraub Tobin on

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie...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

Akerman LLP - Marks, Works & Secrets

Certiorari Granted to Jack Daniel’s with Respect to Parody Dog Toy: Does Anyone Here Have a Sense of Humor, and Does it Matter?

On November 21, 2022, the Supreme Court granted certiorari on the following questions described in Jack Daniel’s petition: Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of...more

Shumaker, Loop & Kendrick, LLP

Intellectual Property Law News Alert: Craft Brewer Stone Brewing Co. wins $56 Million Jury Verdict for Trademark Infringement...

A jury awarded a $56 million verdict for trademark infringement to an independent craft brewer against the world’s fifth largest beer company on March 25, 2022. The verdict highlights the damage to a smaller business when a...more

Weintraub Tobin

TRUE STONE v. KEYSTONE: Stone Brewing’s Motion for Preliminary Injunction is Denied, but the Court’s Ruling Indicates a Finding of...

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On February 12, 2018, Stone Brewing, arguably the most well-known craft brewer, filed a complaint against MillerCoors LLC, the multinational beer conglomerate, for trademark infringement. Specifically, Stone Brewing alleges...more

Harris Beach Murtha PLLC

Choosing Your Brewery/Beer Names and Trademark Searching

There are several grounds upon which an application for a federal trademark can be rejected, and I will discuss a couple of them here. One important ground is known as mere descriptiveness. One is not permitted to register a...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2018 #4

LEGISLATION, REGULATIONS & STANDARDS - USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have...more

Bowditch & Dewey

Following the Stone Brewing-MillerCoors Trademark Dispute: MillerCoors Responds

Bowditch & Dewey on

A recent blog post chronicled the trademark infringement action Stone Brewing had initiated against MillerCoors for its marketing of Keystone Light, which allegedly emphasized the word “STONE” in a confusing manner....more

Bowditch & Dewey

Like a Rolling STONE: Stone Brewing’s Trademark Dispute with MillerCoors

Bowditch & Dewey on

Stone Brewing—widely known for its popular IPA and other craft brews—recently cast the first stone in a trademark dispute with the conglomerate that owns Keystone. In its complaint for trademark infringement, Stone Brewing...more

Smith Debnam Narron Drake Saintsing & Myers,...

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

Holland & Knight LLP

Food and Beverage Law Update: August 2017

Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Ladas & Parry LLP

Fighting Over “Nothing”: The Trademark Battle Over Zero

Ladas & Parry LLP on

Several big beverage makers recently took each other on in a consolidated proceeding before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO). In the case of Royal Crown...more

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