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: Labeling
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
March
28
Anheuser Wins Again Pursuing Claims Against Ex-Employee Associated With Alcohol Content False Advertising Suits
posted by Ashley Brandt
In case you don’t remember, back in 2013 we shed some light on a series of class action lawsuits that were filed against Anheuser (AB InBev) alleging that water was added to beer to produce an alcohol content lower than what was stated on the labels. The claims of the initial lawsuits quickly shrunk from […]
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 […]
February
15
Frivolous Lawsuit Against Walmart Alleges Private Label / Contract Beer Made at Larger Facility Can’t Be Craft
posted by Ashley Brandt
In what’s certain to raise the ire of many private labelers and contract brewers around the country who benefit from the expertise, skill, and equipment available at commercial breweries Walmart has been tagged with a private labeling “crafty” suit in Ohio. The complaint (you can read it here) alleges that Walmart has a hand in […]
February
02
Use Tequila in Your Drink Name? You May Need to Use Another Name. U.S. Trademark Office Makes Tequila the Champagne of Agaves
posted by Ashley Brandt
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 […]
January
17
Bourbon Distillers File Motion to Dismiss Deceptive Advertising and Labelling Lawsuit Over 8-Year vs. 8-Season Aging Row
posted by Ashley Brandt
How many whiskey brands advertise on their labeling with numbers that indicate the seasons the product was aged and not the years? At least one. Previously, Food and Beverage Legal . News covered a dispute over false advertising and misleading labeling allegations brought as a class action by a purchaser of Old Charter arguing that […]
