A recent trademark decision shows how important consumer survey evidence has become in trademark litigation concerning generic and descriptive marks. In an ongoing trademark dispute over the use of the term “double barreled” between Sazerac and Prichard’s, a federal court found that neither side had submitted the information necessary for it to rule – evidence of what […]
Category: Distilled Spirits
Use Tequila in Your Drink Name? You May Need to Use Another Name. U.S. Trademark Office Makes Tequila the Champagne of Agaves
Marie Gaytán’s “¡Tequila!: Distilling the Spirit of Mexico” is a grand exercise in contextualizing tequila historically, economically, and politically. If you don’t start the book with an appreciation (and hankering) for tequila or mezcal as something that isn’t served with salt and lime, you will by the time you finish it. The treatise renewed my […]
8-Season vs. 8-Year Bourbon False Advertising Suit Dropped
When last we updated you on this lawsuit, the defendants, bourbon makers, had filed a motion to dismiss claiming there wasn’t a sound basis to conclude that the 8 (changed from 8 years to just an 8) at the top of the label and the further statement claiming that the bourbon was aged for “8 […]
Oral Argument Video of Challenge to Alcohol Advertising Tied-House Regulations at 9th Circuit
As we said we would yesterday, here is the video of the oral argument that happened yesterday in Retail Digital Network, LLC, v. Director of Alcoholic Control Board, Applesmith (link is to our post from yesterday describing the case and why it is important to advertisers and brewers, vintners, and distillers.
Tied-House Challenge To Allow Alcohol Advertising Payments to Retailers Has Oral Argument In Front of En Banc 9th Circuit – Here’s a Live Link!
Officially, you can view 9th Circuit oral arguments here the day after they occur. But that’s really not good enough, is it. So here is a Youtube Link to be able to watch the Courtroom Session as it occurs. The arguments are set for 1:00 p.m. Pacific Time today. In case you’ve had your head […]
Brewers, Vintners, and Distillers Get Your Money Back! (or hold on to it longer) – Federal Bond Requirements and Tax Payment Timing Changed for Small Breweries, Wineries, and Distilleries
The TTB’s new temporary rule, T.D. TTB-146 removes the bond requirements for breweries, wineries and distilleries that don’t pay more than $50,000 in excise taxes within the calendar year and that didn’t pay more than $50,000 in the prior calendar year. If your winery, distillery, or brewery fits, the bill, you can amend your notice/registration […]
Is Your Label Protected? Label Art Copyright Can Provide Some Added Protection Where Trademark Might Fail
Château Mouton Rothschild exemplifies the trend of label “as” art, perhaps even to the point of rendering itself a unique example of label = art through the use of the most “celebrated artists of their day” on its wine labels. Many companies traditionally understand that trademark law affords them an exceptional tool in protecting their […]
TTB Finalizes Rule For Brewers, Vintners, Distillers, and Others Regarding Import / Export Procedures
Get ready to use a single interface for all your import/export filing requirements. The rule, entitled Amendments To Streamline Importation of Distilled Spirits, Wine, Beer, Malt Beverages, Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes and Facilitate Use of the International Trade Data System (linked), governs use and implementation of the International Trade Data […]
