A recent application before the United States Patent and Trademark Office sought to register the mark Old Americana (in standard characters) for alcoholic beverage except beers in International Class 33. See In re Luca Mariano Distillery LLC, Serial No. 86293520 (June 23, 2016) [not precedential]. The application for registration was originally refused by the…
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 See In re Tres Vidas Organic, Inc., Serial No. 86609789 (August 5, 2016) [not precedential].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…
Amending the TTB Basic Permit: Overview, Options, and Tips
You’ve finally gone through that grueling process of getting licensed on the TTB level and you have all your formulas and COLAs in hand. Production is taking off and business has been better than ever. While you’re glad to see such great success, production space is limited and you are…
Upcoming CLE on Beer, Wine & Distilled Spirits Law with myLawCLE
On September 15, 2016 at 2:00 PM EST, I will be presenting a CLE on beer, wine, and distilled spirits law with my colleague John Messinger. The CLE, titled “Beer, Wine & Distilled Spirits Law: Federal Regulation 101″ will have a live broadcast and will also be available on demand. A…
Is Home Brewing Co. Merely Descriptive of Beer?
Recently, an application before the United States Patent and Trademark Office sought to register the mark Home Brewing Co. in standard characters on the Principal Register for “Beer; Beer, ale and lager; Beer, ale and porter; Beer, ale, lager, stout and porter; Beer, ale, lager, stout, porter, shandy; Beers; Black beer; Brewed malt-based…
Lessons from Marketing a Wine and Beverage Law Practice
I was recently interviewed by Bentley Tolk for his podcast Legal Marketing Launch, which helps attorneys focus on marketing their legal practice. In the episode, I talk a lot about my blog and the development of the blog over the last several years, as well as practicing in a niche area…
Wine, Beer, and Spirits Law Conference in Colorado Springs, Colorado this September
CLE International will host its annual wine, beer, and spirits law conference in Colorado Springs, Colorado this September 22nd and 23rd. This year is the program’s 21st anniversary of the wine, beer, and spirits conference and, from its lineup, it promises to have some interesting topics in beverage law. Topics include the following:…
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…
Starting a New Winery? Ten Questions You Should Ask
Starting any new business can be overwhelming, and taking the leap to start a winery is certainly no exception. The details can be intimidating and a newcomer can often lose sight of the larger picture. This article aims to review ten of the very basic legal or compliance steps all…
SPONSORED: A Taste of Rhode Island Wine
Disclosure: This post was sponsored by Rhode Island Tourism, which organized and provided transportation to the below Rhode Island wineries. I was not otherwise compensated for this article. The below remains my opinion of Rhode Island wines from my experience at the properties. Rhode Island wine. I consider myself fairly…