The recent kerfuffle between Knee Deep Brewing Co., and Sony Pictures Television over Knee Deep’s use of Breaking Bad (trademarked by Sony) iconography and imagery for their Breaking Bud IPA provides an opportunity for a good reminder about the defense of parody to trademark infringement. When done right, this time-honored, and statutorily codified defense to […]
Category: Suits
Dissent In Texas Three-Tier Case Contains Powerful Indictment Of Strict Enforcement Of Cross-Tier Ownership
As you all probably have heard, in Cadena Commercial v. Texas Alcoholic Beverage Commission, the Texas Supreme Court recently weighed in on the Texas Alcoholic Beverage Commission’s decision to deny a license for retail sales to a group of convenience stores that wanted to sell alcohol because through a chain of ownership, one of the […]
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 […]
Bud Light Lime Lime-a-Rita not False Advertising Says – 9th Circuit … Compared to a Fictional Budweiser Lime-a-Rita or a Margarita
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 […]
Kona Brewing Sued For Falsely Advertising It’s Made in Hawaii
Kona Brewing prides itself on its Hawaiian origins. Take a look at that website, even the little lizard has some kind of surfer tattoo. Back in 2010, the brand sold to Craft Brew Alliance and according to Wikipedia, “Kona Brewing Company brands are also produced at Widmer Brothers Brewery in Portland, Oregon and Redhook Ale […]
The Public’s View of “Double Barreled” May Decide Trademark Dispute Between Bourbon Makers
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 […]
A Few Ways to Better Ensure Your Electronic Contracts and Online Agreements Are Enforceable
A recent 3rd Circuit case, ADP v. Lynch, upheld non-compete and non-solicitation restrictive covenants in an online agreement that employees had confirmed when they electronically accepted offers of stock as part of an incentive program. The process for agreeing to the electronic contract is somewhat discernible from the opinion, the employees, presented with the online […]
Frivolous Lawsuit Against Walmart Alleges Private Label / Contract Beer Made at Larger Facility Can’t Be Craft
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 […]
