Various media sources have reported that Russia is requiring Champagne wines from the actual appellation of Champagne to tout “Sparkling Wine” on their labels as a result of a new law that went into effect on July 2nd. See, e.g., Only Wines Made in Russia Can be Called Champagne Under…
Category: Wine and Intellectual Property
USPTO Finds a Likelihood of Confusion for HOODWINKED for Beer and HOODWINKED for Wine
Fetzer Vineyards (“Applicant”) recently sought registration in standard character mark for HOODWINKED on the Principal Register for wine in International Class 33. In re Fetzer Vineyards, Serial No. 86789970 (June 22, 2017) [not precedential]. Originally, the Trademark Examining Attorney refused registration of the mark under Section 2(d) of the Trademark Act…
Wine Law Trademark Series Part 1: Registrability of Marks
This blog article is the first in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Wineries often look to common law to protect their marks and intellectual property. This can be a feasible solution if the winery remains small and if…
Is There a Likelihood of Confusion Between RAM HORN and RAM’s GATE
Ram’s Gate Winery, LLC (opposer) filed a notice of opposition against application Serial No. 862692961 before the United States Patent and Trademark Office. (The application was filed by Opal Moon Winery, LLC on May 1, 2014 and sought registration on the Principal Register based on applicant’s intent to use the mark in…
Is There a Likelihood of Confusion between Tres Vidas and Dos Vidas for Tequila?
A recent application before the United States Patent and Trademark Office sought to register the mark Tres Vidas (with a tree) for tequila and tequila infused with vitmanis in International Class 33. See In re Tres Vidas Organic, Inc., Serial No. 86609789 (August 5, 2016) [not precedential]. The English translation is “three lives.” The…
USPTO Finds a Likelihood of Confusion for Duo for Beer and Duo for Wine
Uinta Brewing Company (Applicant) filed an application before the United States Patent and Trademark Office (USPTO) to register on the Principal Register the mark DUO in standard characters for beer. The Trademark Examining Attorney refused registration under § 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), for the reason that Applicant’s mark (as…
The (Legal) Truth Behind American Viticultural Areas
What are American Viticultural Areas (AVAs)? Are they appellations? AVAs are types of appellations—but not all appellations are AVAs. For example, California and Texas and Napa County and Sonoma County are considered to be an appellation of origin with respect to wine labeling. But they are not AVAs. Both appellations…
The “Naked” Truth of Likelihood of Confusion
In a recent opinion issued by the Trademark Trial and Appeal Board, Applicants sought to register DRINK IT NAKED (in standard characters) on the Principal Register for Tequila in International Class 33. In re Castaneda and Anderson, Serial No. 85876309 (January 13, 2016) [not precedential]. The Trademark Examining Attorney originally refused registration of…
Which Came First: The Trademark or the Viticultural Area?
Last week, San Antonio Express News reported that a California-based winery named San Antonio Winery brought a trademark suit against a San Antonio-based winery called Lara Vineyard. In its complaint, San Antonio Winery alleged that Lara Vineyard’s use of the term “San Antonio” as a fanciful name on its labels infringed upon…
Battle of the Brands: French Winery Château Lafitte Claims Triumph
As reported by Decanter, Château Lafitte claimed victory against an ongoing trademark case and can reportedly sell Bordeaux wine in China under the name Château Lafitte. See Chateau Lafitte Claims Trademark Wine in China. The dispute in China has been ongoing for about two years and has been between Château Lafitte and Château…