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….
Tag: likelihood of confusion
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 In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential]: El Galan, Inc. (“Applicant”) sought registration of the mark TERNURA in standard…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 In In re Harlequin Enterprises Limited, Serial No. 86761280 (September 7, 2017) [not precedential], Applicant (Harlequin Enterprises Limited, a purveyor of romance novels) sought to register a design…
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 In re Fetzer Vineyards, Serial No. 86789970 (June 22, 2017) [not precedential].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…
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 Swill and Swell Swill?
A recent application before the United States Patent and Trademark Office, 10 Barrel Brewing, LLC sought to register the mark SWILL (in standard characters) for beer in International Class 32 (for beer) on the Principal Register. See In re 10 Barrel Bxrewing, LLC, Serial No. 86190248 (May 31, 2016) [not precedential]. The application for registration was…
Is There a Likelihood of Confusion Between The Beachhouse and Beach House Winery?
A recent application before the United States Patent and Trademark Office sought to register the mark The Beachhouse, A Wine by Douglas Green (in standard characters) for wines in International Class 33 on the Principal Register. See In re LDGB (PTY) LTD, Serial No. 85944842 (April 29, 2016) [not precedential]. The application for…
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 “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…