Mexico’s Tequila board moves to stop Tequila-like marks – a good reminder that it’s agave if it’s not certified.
Back in February we reported that a years’ long struggle with Luxco ended favorably...
Tagged: Trademark
Your Beer’s Name Inspired By a Famous Book, Movie or Song? It Might be Infringing. – Warner Bros. Challenges Brewer Over Golden Ticket Beer.
This is a big deal in brewing. Not just for Star Wars themed beers,...
What’s the difference between good parody and bad? – A defensible legal position.
The recent kerfuffle between Knee Deep Brewing Co., and Sony Pictures Television over Knee...
Descriptive Phrases Are For Everyone’s Use – Vanilla Java Porter Denied Trademark Registration
Some bad news for Atwater in its quest to trademark “Vanilla Java Porter” is...
This Spuds Not For You – Anheuser Gets Sued By Putative Owner of Spuds MacKenzie Claiming Anheuser Abandoned Spuds MacKenzie
You read that right. They created him, they used him, and now, they may...
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...
You Need an Approved COLA Before You Have a Valid Trademark?
I’d say it goes without saying, but the recent expansion of wineries, breweries and...
New Case Asks When Does a Label Cross the Line From Homage to Trademark Infringement?
Keeping someone else from trading on your name is one of the many functions...
Fire Water Trademark Dispute Heats Up Some Interesting Claims About the Age-Old Term
When Sazerac sued Hood River Distillers over a trademark dispute alleging there’d be confusion...
Design Elements Creating Distinctive Packaging Can Be Protected
In a win for beverage producers and their creative design teams, the Sixth Circuit...
You Know How Important Your Brand Is… So Why Would You Risk Not Protecting It?
Your recipes, formulas, labeling, logos, slogans, design and packaging – everything that goes into...
A Must Read for Those Exporting to Missouri – 8th Circuit Rules Law Protecting Wholesalers Not Applicable Where Requirements Not Met
In an informative opinion for anyone shipping their product to Missouri for distribution by a wholesaler, the 8th Circuit Court of Appeals has rejected a wholesaler’s attempt to avail itself of the Missouri franchise protection statutes for that second tier of the three-tier system based on the fact that the parties didn’t actually create a franchise agreement that would allow for the protections because the wholesaler didn’t get a trademark license with its distribution agreement.
Anyone wanting to avoid the protectionist statutes that would keep you from changing distributors in Missouri will want to be familiar with this opinion as a way to possibly avoid Section 407.413 of the Missouri Revised Statutes which has provisions that would, like many states, protect the wholesaler unless the amorphous “good cause” can be shown. Two important provisions of this section read as follows:
2. Notwithstanding the terms, provisions and conditions of any franchise, no supplier shall unilaterally terminate or refuse to continue or change substantially the condition of any franchise with the wholesaler unless the supplier has first established good cause for such termination, noncontinuance or change.
3. Any wholesaler may bring an action in a court of competent jurisdiction against a supplier for violation of any of the provisions of this section and may recover damages sustained by such wholesaler together with the costs of the action and reasonable attorney’s fees.
