New Case Asks When Does a Label Cross the Line From Homage to Trademark Infringement?

Keeping someone else from trading on your name is one of the many functions of trademark law.  When you’ve spent time and effort developing a brand, finding someone looking to cash in on your hard work can be irksome.  But the line between homage and trying to make a buck off someone else’s rep can […]

FDA Issues Final Rule On Meaning and Use of “Gluten-Free” Claims – Some Fermented Beverages Will Get Clarification Later

The FDA’s recent publication of a final rule defining “gluten-free” for voluntary food labeling provides some finality to those wondering whether the 20 parts per million (ppm) level proposed for product qualification in using terms like “gluten-free” would become the mandated level – it has. In addition to limiting the unavoidable presence of gluten to […]

A Real Lesson In The Result of a Battle Between Unregistered Trademarks – Having to Disgorge Your Profits

The merits of a spiced autumn harvest wine weren’t up for debate in a recent Wisconsin case,  C&N Corp. d/b/a Door County Winery v. Illinois River Winery.  Just the issue of which one of these Illinois/Wisconsin wineries had the better claim to sell theirs by the name Hallowine and whether priority rights in an unregistered […]