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…
Government Shutdown Clogs TTB Label, Formula, and Permit System for Wine Industry
On October 1, 2013, TTB announced a cessation in its operations, citing the lack of government funding as the reasoning. While the TTB website, www.ttb.gov, remains partially accessible, the ability to submit, review, or retrieve Certificate of Label Approvals (“COLAs”), Formula Approvals, or Permits is not permissible. This means that…
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…
Virtual Seminar on Direct Shipping Sales Scheduled for October 17th
As many wine law enthusiasts know, the issue of direct shipment is a significant legal issue for wineries selling in the U.S. The legal atmosphere within the states is continually changing with new regulations, so it is important for wine industry professionals to stay up-to-date on direct shipping. This October,…
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…
TTB to Review its Policy on the Term “Gluten-Free” for Alcohol Beverage Labeling
On August 22, 2013, TTB announced that the agency will be reviewing its policy on the use of the term “gluten-free” on alcohol beverages that are regulated by TTB. See Use of “Gluten-Free” on TTB-Regulated Alcohol Beverages. This announcement is timely because, as TTB properly highlighted, the United States Food and Drug…
18th Annual National Conference for Wine, Beer & Spirits Law in San Diego this September
Continuing Legal Education (“CLE”) International is hosting its 18th annual national conference on wine, beer, and spirits law. “For the past 17 years, this program has brought together the premier in-house counsel, private attorneys, regulators, retailers, wholesalers, distributors, vintners, and others involved in the alcohol beverage industry. This year will…
Revisited: Granholm v. Heald and the Wine Industry
This blog entry was originally posted on August 7, 2010, five years after the Supreme Court decided a major case impacting the wine industry. The decision Granholm v. Heald remains important to the wine industry and provides great context for the types of legal issues the American wine industry faces on a…
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…