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 the end of 2016. For more information, please contact us at trademarks@bevlaw.com or via phone at 202-449-3739 ext. 4. Please mention On Reserve Special…
Tag: trademark
Is There a Likelihood of Confusion between AMERICANA and OLD AMERICANA for Alcohol Beverages?
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 See In re Luca Mariano Distillery LLC, Serial No. 86293520 (June 23, 2016) [not precedential].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 See In re Tres Vidas Organic, Inc., Serial No. 86609789 (August 5, 2016) [not precedential].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…
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…
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 In re Castaneda and Anderson, Serial No. 85876309 (January 13, 2016) [not precedential].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…
Which Came First: The Trademark or the Viticultural Area?
Last week, San Antonio Express News reported that a California-based winery named San Antonio Winery brought a trademark suit against a San Antonio-based winery called Lara Vineyard. In its complaint, San Antonio Winery alleged that Lara Vineyard’s use of the term “San Antonio” as a fanciful name on its labels infringed upon…
Battle of the Brands: French Winery Château Lafitte Claims Triumph
As reported by Decanter, Château Lafitte claimed victory against an ongoing trademark case and can reportedly sell Bordeaux wine in China under the name Château Lafitte. See Chateau Lafitte Claims Trademark Wine in China. The dispute in China has been ongoing for about two years and has been between Château Lafitte and Château…
Court Denies Union Wine Company’s Motion to Dismiss Lawsuit Brought by FN Cellars
Last week, California District Court Judge Donato denied Union Wine Company’s motion to dismiss a suit launched against the wine company by FN Cellars, LLC. FN Cellars originally brought suit against Union Wine seeking (1) declaratory judgment of validity for FN Cellars’ trademark; (2) a declaration that its mark does not…
Budweiser Wins Trademark Opposition Over Winebud
Last week, the Trademark Trial and Appeal Board (“TTAB”) issued an opinion that sided with Anheuser-Busch, LLC’s opposition of the registration of the mark WINEBUD. See Anheuser-Busch, LLC v. Innvopak Systems Pty Ltd., Opposition No. 91194148 (August 17, 2015) [precedential]. The applicant, Innvopak Systems Party Limited, originally filed an application to register the…