The Drinks Business reported last week that renowned cognac producer Hennessy won a trademark case in China against a Beijing company for trademark infringement and unfair competition. As demonstrated previously, China can be a difficult market for true brand owners to obtain trademark. See, e.g., Kasite Trademark Sours for French Vintner Caste; see also What’s…
Category: Wine and Trademark Law
No Likelihood of Confusion for Domaine Pinnacle Apple Juice and Pinnacles Ranches Wine
Domaine Pinnacle, Inc., a Canadian-based apple orchard and cidery, filed an intent-to-use application to register a mark in International Class 33 for apple juices and non-alcohol-based beverages on December 30, 2005 (mark pictured right). The description of the mark is as follows: “The mark consists of A drawing of an…
French Wine Company Castel Frères to Pursue Trademark Battle Against Panati in China’s Supreme Court
A few weeks ago, On Reserve documented the story of Château Listran and the winery’s inevitable trademark defeat in the Chinese market by way of brand squatters. This week, we bring you a very similar story detailing the grievances of China’s trademark laws and impact on true brand owners who pursue…
Prêt à Boire: A Mark “Ready to Register” on the USPTO Supplemental Register
On September 30, the United States Patent and Trademark Office Trademark Trial and Appeal Board issued a decision, In Re Amuse Bouche LLC, for Trademark Application No. 77965809, originally filed March 23, 2010. See In Re Amuse Bouche LLC, Application No. 77965809 (September 30, 2013). Scott Bibb was the Trademark Examining Attorney and the…
What’s in a Name: French Winery Forced to Change Trademark to Avoid Squatters
A common theme in the age of the Internet is a concept known as cybersquatting (or domain squatting). Simply put, cybersquatting entails the registration of a domain name in bad faith, i.e., registering a domain name of a trademark with the intent to later sell the domain to the company…
A Scarlet and The Scarlet Letter: The Story of In re Steele Wines, Inc.
In July of 2012, Steele Wines, Inc. filed an application to register a mark with the U.S. Patent and Trademark Office asserting use in commerce since May 2012. See 15. U.S.C. § 1051(a). The mark, which is pictured below, features the words, “A Scarlet 2009 Lake County Red Wine” with a woman in…
From Water to Wine (Trademark): Joel Gott Wines v. Rehoboth Von Gott
On June 26, 2013, the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (“USPTO”) found a likelihood of confusion between the marks JOEL GOTT and GOTT LIGHT. Rehoboth Von Gott, Inc. filed an application with USPTO to register the mark GOTT LIGHT for nutritionally fortified water…
Duckhorn Wine Co. Files a Complaint Against Duck Walk Vineyards Alleging Consumer Confusion on Wine Labels
I read the article outlining the complaint filed by Duckhorn Wine Co. of St. Helena against Duck Walk Vineyards, and I feel particularly compelled to blog about the complaint by means of both legal interest and personal significance. (I spent some of my childhood summers on the eastern end of…
Osawa Wines Wins Labeling Dispute Against Chateau Mouton Rothschild Estate for Flying Mouton Label
Recently, Osawa Wines won a labeling dispute against Chateau Mouton Rothschild Estate. The disagreement, which spawned over the use of the wine label Flying Mouton, originated in 2008 when Osawa started producing a new alcohol beverage product with a Flying Mouton wine label. Shortly thereafter, Chateau Mouton Rothschild estate filed…
Napa Valley Receives Geographical Indication Status in Brazil
Recently, Napa Valley Vintners Association (“NVVA”) announced that Brazil has formerly recognized that Napa Valley is of Geographical Indication (“GI”) status. Brazil will now protect Napa Valley from misuse of the wine region’s name within Brazil’s borders. (See Napa Valley Vintners Announce GI Status Approval in Brazil.) The news was announced…