In March, Jamieson Ranch Vineyards launched a declaratory judgment suit against Pernod Richard’s Irish Distillers Limited, owner of the renowned Jameson Irish Whiskey, in response to the Ranch’s receipt of a cease and desist letter. See Jamieson Vineyards Takes On Pernod Ricard’s Irish Distillers. According to Jameson Clashes with Jamieson Over Name, the letter issued by Irish Distillers…
Tag: USPTO
A Trademark Double Entendre: N2 Versus Into Wines
Here’s an interesting scenario. Can a trademark applicant’s mark ever have multiple meanings? And can such dual-meaning mark be issued a trademark even if one of its meanings is deemed merely descriptive? In a recent appeal to the United States Patent and Trademark Office’s Trademark Trial and Appeal Board, administrative…
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…
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…
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…
Trademark Infringement Suit Filed in California Court Between “Mommyjuice” and “Mommy’s Time Out”
On Monday, a lawsuit was filed in a federal court in California claiming that the “Mommyjuice” of California-based winery Clos Lachance Wines violates the trademark of “Mommy’s Time Out,” a wine marketed by a New Jersey wine distributor. (See Wine for “Mommy” Sets off Trademark Fight.) Both “Mommyjuice” and “Mommy’s Time Out”…