Will Lee v. Tam End The TTB’s Censorship of Beer Wine and Spirits Labels Found Obscene or Indecent?

As the US awaits a verdict in Lee v. Tam – a trademark dispute challenging a section of the trademark act (15 U.S.C. 1052(a)) refusing trademark registration for marks that are deemed immoral or scandalous, and the U.S. Patent and Trademark Office’s implementation and application of those restrictions – it would benefit us to be […]

Millercoors Wins “Not From Australia” Lawsuit Over Claims That Foster’s Marketing Misleads Drinkers

In one of latest wins for brewers against deceptive labeling lawsuits brought against domestically made beers over branding that arguably conveys they are imported, Millercoors has scored a win for its Foster’s brand against a putative class action looking to cash in against the company.  The lawsuit (you can read the amended complaint here) alleged that […]

North Carolina Proposes Some Common-Sense Amendments to Modernize Its Brewing Laws That Advance Rights for Craft Brewers In the Face of Changing Times

Jim Koch (of Boston Beer fame) wrote an excellent polemic for the New York Times last week questioning some American attitudes towards beer.  A salient point from that article was that many state distribution laws developed over time from the end of prohibition and haven’t been updated since the 1970’s.  These distribution statutes were created […]

Arguing With the Trademark Office Over Wine? – La Finca Wine Trademark Decision Provides Interesting Lessons Regarding Acceptable Source Material

The TTAB (Trademark Trial and Appeal Board) recently affirmed the decision from the USPTO refusing to register the mark “La Finca” for wines on the basis that the vintner didn’t demonstrate that the brand had acquired distinctiveness since the translation of the term is “the estate” or “the farm” which is descriptive for wines.  You […]