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 […]
Category Archives: Advertising
April
28
Will Lee v. Tam End The TTB’s Censorship of Beer Wine and Spirits Labels Found Obscene or Indecent?
posted by Ashley Brandt
April
24
Millercoors Wins “Not From Australia” Lawsuit Over Claims That Foster’s Marketing Misleads Drinkers
posted by Ashley Brandt
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 […]
March
21
Using A Photograph in Advertising or On Your Label? Better Make Sure You Have Rights From the Photographer AND the People In It. Natty Light Sued In Lawsuit Over Using Photograph From Social Media Contest.
posted by Ashley Brandt
Ensure that you get the proper releases if you’re using a photograph with human subjects. Whether on your label or in your advertising – if you’ve gathered photographs from a festival or from fans through a social media campaign you need clearance. That means a release from the artist – he photographer – as well […]
March
17
Bud Light Lime Lime-a-Rita not False Advertising Says – 9th Circuit … Compared to a Fictional Budweiser Lime-a-Rita or a Margarita
posted by Ashley Brandt
The 9th Circuit has upheld the District Court decision dismissing the false advertising case against Anheuser for Bud-Light Lime Lime-a-Rita. For those not familiar with this false advertising lawsuit, consumers brought claims against Anheuser alleging that the use of the work “Light” in the Bud Light Lime Lime-a-Rita name was misleading because the alcoholic beverages […]
March
16
This Spuds Not For You – Anheuser Gets Sued By Putative Owner of Spuds MacKenzie Claiming Anheuser Abandoned Spuds MacKenzie
posted by Ashley Brandt
You read that right. They created him, they used him, and now, they may have waited too long in between uses to be able to claim they have the rights to him. This lawsuit (link to complaint), filed yesterday in the Southern District of New York by Spuds Ventures. The lawsuit alleges that the recent […]
March
15
Example Agreements: Licensing Your Brand To Create Chackies For Your Distributors and Customers
posted by Ashley Brandt
People love to wear branded stuff. I accept this as a general truth. The sooner you accept is as well and offer them the chance to promote your brand for you, the sooner you’ll be getting some free advertising. They particularly like beer, spirits, and food brands (my awesome Chateauneuf Du Pape shirt notwithstanding). That […]
March
10
Sapporo Wins “Not Made In Japan” Lawsuit – Havana Club and Red Stripe Opinions Are Gaining Steam as Precedent for Beer False Origin Lawsuits
posted by Ashley Brandt
“If I wanted American beer, I would have bought Budweiser” – that’s what the plaintiff in the recently dismissed class action against Sapporo told the New York Post back when they reported on her filing the lawsuit. The plaintiff in this suit went after Sapporo claiming that the packaging mislead consumers into believing the beer […]
March
08
Use a Foreign Word In Your Beverage Name? Better Make Sure It’s English Equivalent Isn’t Already Trademarked and Vice Versa
posted by Ashley Brandt
If a = b, then b = a. In math, it’s called the “symmetric property of equality.” There’s a similar principle in trademark law called the “doctrine of equivalents.” Foreign words have protection from their english equivalents, and english words have protection from their foreign equivalents. It applies to words from “common, modern languages.” Italian […]
