TTAB finds the the Slinger shot glasses mark is confusingly similar to Liquor Slinger Distilling mark as distilleries often make drinkware

The distillery wanted to register Liquor Slinger Distilling for liquor with Liquor and Distilling disclaimed and the examining attorney refused based on potential likelihood of confusion with the mark “Slinger” which is already registered for “drinking glasses; shot glasses.”

The trademark trial and appeal board sided with the examining attorney and affirmed the refusal based on the similarities between the marks and the goods.

The board found an “inherent, complementary relationship between the parties’ goods” finding that “liquor is served in and drunk from drinking glasses and shot glasses.” Citing the definition of “shot glass” from the Oxford Dictionary as a “small glass used for serving liquor.” This finding led to the board to conclude that the goods are related on their face and would “be used by the same consumer, one who drinks or serves liquor.”

The board also took note of the examining attorney’s argument that it is common for a distillery selling liquor to also sell drinkware and shot glasses under the same mark.

You can read the opinion here.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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1 Response

  1. August 6, 2019

    […] post TTAB finds the the Slinger shot glasses mark is confusingly similar to Liquor Slinger Distilling mar… appeared first on Libation Law […]

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