Tag: alcohol
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Scotch Whisky Association Sues Distiller for “Highland” Use
The Scotch Whisky Association has filed a lawsuit alleging that the name of Virginia Distillery Co.’s Virginia-Highland Whisky misleads consumers into believing the alcohol beverage is a product of Scotland. Scotch Whisky Ass’n v. Va. Distillery Co., No. 19-1264 (D. Del., filed July 8, 2019). The complaint asserts the Virginia Distillery Co. product is described…
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Scotch-Production Rules Changing, Wall Street Journal Explains
The Scotch Whisky Association (SWA) will allow distillers to use a variety of casks—including those previously used to age tequila and fruit spirits—to age Scotch whisky during its required three-year maturation, according to the Wall Street Journal. Regulations previously limited acceptable casks to those previously used to hold sherry, cognac, bourbon or port. Some distillers…
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Anchor Brewing Asserts Rights to “Steam Beer” Trademark
Anchor Brewing Co. has filed an opposition against D.G. Yuengling & Son Inc.’s application to register “James River Steam Brewery” as a trademark, arguing that the proposed mark will confuse consumers familiar with its product Anchor Steam. Anchor Brewing Co. v. D.G. Yuengling & Son Inc., No. 91247967 (U.S.P.T.O., opposition filed May 3, 2019). Anchor…
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Hemp Not Allowed in Alcohol Beverages, TTB States
The U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued an industry circular stating that it “will return for correction any applications for formulas containing ‘hemp’ ingredients (other than ingredients derived from hemp seeds or hemp seed oil)” until the U.S. Food and Drug Administration (FDA) indicates that the ingredients’ use would not…
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Lawsuit Challenges Alcohol Content in Kombucha
A consumer has filed a putative class action alleging that O Organics and Lucerne Foods Inc. “greatly understate” the alcohol and sugar content of their kombucha. Freedline v. O Organics LLC, No. 19-1945 (N.D. Cal., filed April 10, 2019). The plaintiff argues that “the beverages contain more than three to five times the alcohol allowed…
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Kombucha Sugar, Alcohol Claims Dismissed
Two California courts have dismissed lawsuits brought by a competitor alleging kombucha companies misrepresented the amount of sugar and alcohol in their products. Tortilla Factory LLC v. Rowdy Mermaid Kombucha LLC, No. 18-2984 (C.D. Cal., entered September 11, 2018); Tortilla Factory LLC v. Better Booch LLC, No. 18-2980 (C.D. Cal., entered September 13, 2018). In…
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In-N-Out Sends Brewer Cease-and-Desist for “In-N-Stout”
In-N-Out Burger has reportedly warned brewery Seven Stills that its forthcoming In-N-Stout beer violates the company’s trademarks and trade dress. Seven Stills promoted the beer, a “Neapolitan milkshake stout,” on its social media with a photo of a can featuring red lettering and a yellow arrow similar to In-N-Out’s logo. The brewery also posted a…
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Superpower Beer and Juice Can Coexist, TTAB Rules
The Trademark Trial and Appeal Board (TTAB) has dismissed The Wonderful Co.’s opposition to Comrade Brewing Co.’s application to register “Superpower” as a mark used in relation to beer. Wonderful Co. v. Comrade Brewing Co., No. 91230877 (T.T.A.B., entered August 2, 2018). The Wonderful Co. uses its mark “Antioxidant Superpower” to describe its POM pomegranate…