Tag: alcohol
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“Ambiguous” Consent Agreement Dooms Trademark Registration Appeal
The Trademark Trial and Appeal Board has affirmed a refusal to register microbrewery 8-Bit Aleworks’ application for a trademark despite an agreement between the company and 8bit Brewing Company specifying that 8bit did not object to the use. In re 8-Brewing LLC, No. 86760527 (T.T.A.B., entered October 30, 2017). The court found the consent agreement to be…
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NYC Bans Ads for Alcohol Products on Buses, Subways
New York City’s Metropolitan Transit Authority (MTA) board has passed a resolution banning all advertising for alcohol products over concerns that exposure to the ads “influences many young people to start drinking earlier and to drink more,” which “leads to much higher public health and safety costs.” Although the primary purpose for MTA ads is…
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Fifth Generation to Discontinue Tito’s Taste-Test Ads After NAD Challenge
Fifth Generation, Inc. will reportedly discontinue advertising asserting that its Tito’s Handmade Vodka scored higher in taste tests than four of its competitors. Absolut Spirits Co. challenged the advertising claims before the National Advertising Division (NAD), arguing that the tests were completed before 2010 and are therefore outdated. Further, Absolut argued, the challenged ads implied…
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Texas Appeals Court Holds House-Brand Beer Labels Not Protected Commercial Speech
A Texas appeals court has held that Mark Anthony Brewing cannot produce and label a house-brand beer for TGI Friday’s restaurants because state law prohibits “overlapping” relationships among alcohol manufacturers, distributors and retailers. Texas Alcoholic Beverage Comm’n v. Mark Anthony Brewing, Inc., No. 16-0039 (Texas Ct. App., entered October 13, 2017). The Texas Alcoholic Beverage…
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Margaritaville Challenges “It’s 1700 Hours Somewhere” Trademark Application
Jimmy Buffett’s Margaritaville Enterprises, which owns trademarks on the phrase “It’s Five O’Clock Somewhere” and several variations, has challenged The Veteran Beverage Company’s application to register “It’s 1700 Hours Somewhere.” Margaritaville Enters. v. Veteran Beverage Co., No. 91236809 (T.T.A.B., filed September 22, 2017). The notice alleges that the trademark application is for beer, which is…
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Court Denies Certification in Tito’s “Handmade” Suit
A New York federal court has denied class certification to a plaintiff alleging that Fifth Generation, Inc. falsely advertised Tito’s Handmade Vodka, ruling that the plaintiff failed to propose a model to measure the alleged price premium. Singleton v. Fifth Generation, Inc., No. 15-474 (N.D.N.Y., entered September 27, 2017). The court noted that the plaintiff…
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“Bourbon Barrel Aged” Wine Not Infringing, Court Rules
Following a bench trial, a California federal court has ruled that Fetzer Vineyards, Inc.’s “bourbon barrel aged” 1000 Stories red zinfandel wine, which features a sketch of a buffalo on its label, does not infringe the trademark or trade dress of Sazerac Co.’s Buffalo Trace bourbon. Sazerac Co. v. Fetzer Vineyards, Inc., No. 15-4618 (N.D.…
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Thelonious Monk Estate Sues Brewery for “Brother Thelonious” Ale
The estate of Thelonious Monk has alleged that North Coast Brewing, maker of “Brother Thelonious Belgian Style Abbey Ale,” violated the estate’s trademark and publicity rights. Monk v. North Coast Brewing Co. Inc., No. 17-5015 (N.D. Cal., filed Aug. 29, 2017). According to the complaint, the estate verbally granted the brewer the right to use…