Tag: alcohol
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Boston Beer Co.’s “Day Party” Trademark Application Challenged by “Darty” Maker
American Beverage Corp., which sells alcohol cocktails under the “Darty” mark, has filed a notice of opposition to Boston Beer Co.’s application for a “Day Party” mark for beer. Am. Bev. Corp. v. Boston Beer Corp., No. 91239170 (T.T.A.B., notice filed January 29, 2018). The notice asserts that the “colloquial meaning of DARTY is ‘Day…
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“Brother Thelonious” False Endorsement Suit to Proceed
A California federal court has refused to dismiss a trademark infringement and right of publicity lawsuit filed by the estate of Thelonious Monk against a craft brewery selling “Brother Thelonious Belgian Style Abbey Ale,” finding the estate sufficiently pleaded all causes of action. Monk v. North Coast Brewing Co., No. 17-5015 (N.D. Cal., entered January…
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Iceland Opposes Vodka Co.’s “I ‘ CELAND” Trademark Application
Iceland has filed a notice of opposition to a trademark application filed by an Ecuadorean company for use of the mark “I ‘ CELAND” for vodka, arguing that consumers will be confused as to the origin of the product, which features a label with images of snow-capped mountains and the term “Iceland Vodka.” Republic of…
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ECJ Allows Belgian Co.’s Use of “Champagner Sorbet”
The European Court of Justice has ruled that “Champagner Sorbet,” a frozen drink product made in Belgium and sold in Aldi stores, does not infringe the protected designation of wines made in the Champagne region of France. Comité Interprofessionel du Vin du Champagne v. Aldi Süd Dienstleistungs-GmbH & Co. OHG, No. C-393/16 (E.C.J., entered December…
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Winery Opposes BuzzFeed Trademark for Wine
A winery has filed a notice of opposition against BuzzFeed Inc.’s trademark application for Wordy Wine, a wine brand allowing purchases to customize the label. Kalaris v. BuzzFeed Inc., No. 91238653 (T.T.A.B., filed December 29, 2017). Although the words “Wordy Wine” do not appear on the purchaser’s custom label, Axios Napa Valley Wines alleges the…
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Vodka Maker Sues to Allow Health-Related Claims
The makers of vodka infused with chemicals that purportedly reduce the risk of alcohol-related damage to DNA have filed a lawsuit against the Treasury Department and the Alcohol and Tobacco Tax and Trade Bureau (TTB) seeking to include health-related claims in product labeling and advertising. Bellion Spirits, LLC, v. United States, No. 17-2538 (D.D.C., filed…
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Sazerac Opposes Trademark for “St. Paddy’s Brigade” Liquors
Sazerac Brands has filed a notice of opposition to ROSC Global’s application to trademark “St. Paddy’s Brigade” for agave liquor, arguing that consumers are likely to confuse the mark with Sazerac’s “Paddy” line of Irish whiskies. Sazerac Brands LLC v. ROSC Global, LLC, No. 91237863 (T.T.A.B., filed November 16, 2017). ROSC Global applied for the…
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Wine Growers Disagree on Geographical Indicators in Trade Negotiations
Amid trade negotiations among the European Union, Japan and Mexico, American manufacturers and winemakers have urged the United States to exert influence on the issue of geographical indicators. In October 2017, a group of food and beverage producers—including the California Wine Institute—asked the Trump administration to express concerns to Mexico and Japan about limiting the use…