Food & Beverage Litigation & Regulatory Update

Tag: trademark

  • “Sleepy” Tea Designations Brew Trademark Dispute

    Celestial Seasonings has filed a complaint against Mexican and Texas companies that are allegedly infringing its Sleepytime trademark with a tea product sold under a “Sleeping Time” mark. The Hain Celestial Group, Inc. v. Royal Tea S.A. de C.V., No. 11-2504 (E.D.N.Y., filed May 24, 2011). According to the complaint, Celestial began registering its marks…

  • Infringement Alleged for “Give ‘Em the Bird” Bourbon Mark

    Rare Breed Distilling has filed a trademark infringement action in a Kentucky federal court alleging that Jim Beam Brands’ use of “Give ‘Em the Bird” in connection with its Old Crow bourbon whiskey “is likely to confuse and deceive consumers and purchasers of bourbon whiskey products.” Rare Breed Distilling LLC v. Jim Beam Brands Co., No.…

  • Trademark Rights to “Heart Attack” Designation on Food Menus Contested

    A New York City deli has filed a lawsuit in federal court seeking a declaration that it has not infringed the trademark of an Arizona-based restaurant by selling an “Instant Heart Attack Sandwich” and planning to sell a “Triple Bypass Sandwich.” Lebewohl v. Heart Attack Grill LLC, No. 11-3153 (S.D.N.Y., filed May 10, 2011). According…

  • “One Smart Cookie™” Goes Head-to-Head with “Original Smart Cookie”

    The company that makes gourmet cookies sold as “One Smart Cookie™” has filed a trademark infringement and unfair competition lawsuit against a company that makes organic cookies sold as the “Original Smart Cookie.” Jimmy’s Chocolate Chip Cookies, LLC v. Nature’s Select Food Group, LLC, No. 11-01 (D.N.J., filed April 15, 2011). According to the plaintiff, the…

  • Dispute over “Mommy” on Wine Labels Goes to Court

    Clos LaChance Wines has filed a complaint in a California federal court seeking a declaration that “Mommy” is not a protected trademark when used on a wine label and that the company’s domestic wine products, “MommyJuice White Wine” and “MommyJuice Red Wine,” do not infringe defendant’s “Mommy’s Time Out®” imported wines. Clos LaChance Wines, LLC…

  • Century-Long Dispute Between Beer Makers Continues to Ferment in EU

    Czech and U.S. brewers seeking to market their beers under the name “Bud,” have apparently been at odds since the early 1900s. In the latest installment of the dispute, the Court of Justice of the European Communities has set aside a decision of the Court of First Instance which allowed the Czech brewer to oppose…

  • SPAM® Maker Sues Prem Maker for Trademark and Trade Dress Infringement

    Hormel Foods, LLC has filed a complaint in a Minnesota federal court against a company that also makes a canned meat product, alleging that the company is infringing Hormel’s SPAM® trademark, which consists of yellow lettering on a blue background. Hormel Foods, LLC v. Zwanenberg Food Group (USA), Inc., No. __ (D. Minn., filed March…

  • Johnny Love Vodka Sues Pucker Vodka for Infringement of Distinctive Label

    The company that makes Johnny Love Vodka® has filed a trademark infringement suit against the companies making “Pucker Vodka,” alleging that the lip imprint on the Pucker labels is likely to confuse consumers because of its similarity to the registered lip imprint on the plaintiff’s flavored-vodka bottles. JL Beverage Co., LLC v. Fortune Brands, Inc., No.…