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Trademarks › Beverage Manufacturers

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Weintraub Tobin

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

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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

Foley & Lardner LLP

IP Primer for Emerging Healthy F&B Companies

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Intellectual property protection is essential for emerging companies in the healthy food and beverage (“F&B”) space to attract investors and stand out from competitors. To gain a competitive edge, companies should understand...more

Akerman LLP - Marks, Works & Secrets

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

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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?

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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

Clark Hill PLC

Brand Protection and Strategy for Food and Beverage Companies

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Post-pandemic, food and beverage companies must now navigate a recessionary environment and runaway inflation. Thus, building, maintaining, and enforcing strong brands are more important than ever if a company is to maintain...more

Knobbe Martens

Proving Reputational Injury Without Use of the Marks in the United States

Knobbe Martens on

MEENAXI ENTERPRISE, INC. v. THE COCA-COLA COMPANY - Before Dyk, Reyna, and Stoll.  Appeal from the Trademark Trial and Appeal Board. Summary: To maintain a statutory cause of action under the Lanham Act for activities...more

Proskauer - Minding Your Business

Trademark Disputes Continue to Brew

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Stone Brewing has used STONE as a trademark since the early 1990s, and has since become the largest brewery in Southern California and ninth largest craft brewery in the U.S.  Fast forward to 2017, when MillerCoors rebranded...more

Shumaker, Loop & Kendrick, LLP

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

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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

Burns & Levinson LLP

Trademark Board Confirms That Applications Must Assert Lawful Basis at Time of Filing Application

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In a recent decision, the Trademark Trial and Appeal Board (TTAB or Board) considered whether an application based upon an “intent to use” a mark in commerce may be predicated on proposed use with currently unlawful goods...more

McCarter & English, LLP

A Refresher On The Importance Of Trademarks And Trade Dress In The Food And Beverage Industry

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The quality, taste, and appearance of food and beverage products are important, but there are other aspects of those products that also contribute to, and even sustain, their commercial success. In particular, the...more

McDermott Will & Emery

Trademark Claim for Profit Damages Means No Jury Trial

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The US Court of Appeals for the Ninth Circuit affirmed a denial of a jury trial demand in a trademark infringement lawsuit where only a claim of disgorgement of profits was at issue. JL Beverage Company, LLC v. Jim Beam...more

Ladas & Parry LLP

[Webinar] IP Basics For The Food & Beverage Industry - January 30th, 12:30 pm ET

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Join the Ladas & Parry Food & Beverage Industry Group on January 30th to learn the basics of intellectual property as it relates to protecting what is special about your food industry products. Topics include: • Appearance...more

Orrick - Trade Secrets Group

From Corn-Gate to You-Stole-My-Trade-Secrets-Gate (Maybe): Defendant Beer Maker Moves to Add a Counterclaim for Trade Secrets...

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MillerCoors (beer maker of Coors Light and Miller Lite) and Anheuser-Busch (“AB”) (competing beer maker of Bud Light) have been embroiled in a contentious federal district court litigation in the W.D. of Wisconsin since March...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

King & Spalding

Design, Designation and Regulatory: Structuring Considerations and Regulatory Due Diligence in EU Food and Beverage Transactions

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When structuring and assessing transactions in the food and beverage sector in a European context, a purchaser must consider and evaluate several EU-specific requirements in order to ensure a successful transaction with...more

Hogan Lovells

District Court of Hamburg: Swabian whisky not allowed to use the word “glen” in its name

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Since 2013, the Scotch Whisky Association (SWA) has tried to prohibit the Swabian whisky producer Waldhornbrennerei, which is based in Berglen near Stuttgart, from using the trade mark “Glen Buchenbach”. ...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Facebook revealed yesterday that “millions of user account passwords had been stored insecurely, potentially allowing employees to gain access to people’s accounts without their knowledge.” The company said it “had found no...more

Harris Beach PLLC

Trademark Your Beer: Federal Trademark Resources

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Trademark Basics – USPTO - The United States Patent & Trademark Office (“USPTO”) put together this quick resource guide....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l January 2019

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LEGISLATION, REGULATIONS & STANDARDS - USDA Releases GMO Labeling Standard - The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has released the final National Bioengineered Food Disclosure...more

Harris Beach PLLC

Can I Use Song Lyrics in a Beer Name?

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Beer and music go together – always have and always will. Lots of brewers draw inspiration from song and many have used lyrics or even titles to name beers or even their breweries. For example, the superlative Singlecut...more

Harris Beach PLLC

Choosing Your Brewery/Beer Names and Trademark Searching

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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

Holland & Knight LLP

Food and Beverage Law Update: December 2018

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Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Bradley Arant Boult Cummings LLP

Distilling the Relatedness of Spirits, Wines and Beer – The Lack of a Bright-Line Rule - Food, Beverage & Hospitality Alert

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The alcohol industry has seen a veritable explosion in trademark filings from craft and independent brewers, distillers and wineries. This upsurge means trademarks are coming into conflict more and more often in the...more

Hogan Lovells

Has the General Court let the genie out of the bottle with its latest judgment on shape marks?

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The General Court has recently decided an interesting case concerning the distinctiveness of a shape mark ....more

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