Vampire Family Brands, LLC, a Ventura County winemaker, recognized for wine brands like Dracula, Vampire, and Fangria, is taking legal action against an Australian vintner for what it believes to be an infringement of its trademark, among other things. According to a complaint filed on August 29, 2023 in U.S….
Category: Wine and Trademark Law
Prosecco to be Registered as a Geographical Indication in Singapore
A recent legal case, Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorporated [2023] SGCA 37, the Singapore Court of Appeal granted Consorzio’s application to register “Prosecco” as a Geographical Indication (“GI”) which designates wine originating from Italy. This represents a significant interpretation of the…
Are Night and Noche Likely to Cause Confusion for Wine?
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued two relevant decisions to the wine industry. The decisions are summarized below. In re En Primeur Wines, Inc., Serial No. 87170488 (July 18, 2018) [not precedential]: En Primeur Wines, Inc. (“Applicant”) sought registration on the Principal Register of the mark MY…
Recent USPTO Trademark Decisions Relating to Alcohol Beverages
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential]: El Galan, Inc. (“Applicant”) sought registration of the mark TERNURA in standard…
Recent Wine, Beer, and Spirits Decisions by the USPTO TTAB
The USPTO Trademark Trial and Appeals Board (TTAB) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In In re Harlequin Enterprises Limited, Serial No. 86761280 (September 7, 2017) [not precedential], Applicant (Harlequin Enterprises Limited, a purveyor of romance novels) sought to register a design…
2017 Wine & Law Program in Champagne, France this October
This year, the University of Reims’ Wine & Law Program is in its seventh session and will discuss topics related to trademarks and intellectual property rights in the wine and spirits sector. The Program is a 6-day intensive course program in English from October 9, 2017 through October 14, 2017 at the Université de…
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…
On Reserve Trademark Special Through August 31, 2017
On Reserve is excited to announce an exclusive trademark package through Lehrman Beverage Law, PLLC. The package will extend to new clients and trademark registrations through August 31, 2017. For more information, please contact us at trademarks@bevlaw.com or via phone at 202-449-3739 ext. 4. Please mention On Reserve Special 2017.
Wine Law Trademark Series Part 2: Trademark Clearance Searches
This blog article is the second in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Why should a winery consider a trademark clearance search? Before registering a mark with the U.S.P.T.O., wineries and wine industry members should consider conducting a trademark…
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…