Food & Beverage Litigation & Regulatory Update

Tag: trademark

  • Bulleit® Bourbon Maker Asserts Trade-Dress Rights to “Canteen­-Shaped” Bourbon Bottle

    Diageo has filed a trademark-­infringement and dilution lawsuit against a competitor that allegedly mimicked Diageo’s Bulleit® bottle shape and labeling. Diageo N. Am. V. W.J. Deutsch & Sons, No. 17­-4259 (S.D.N.Y., filed June 6, 2017). Diageo asserts that Bulleit® is sold in a “distinctive canteen-­shaped bottle featuring embossed lettering” on the label, meant to “evoke…

  • Bob Marley’s Family Awarded $2.4 Million for Trademark Infringement

    The family of Bob Marley will receive more than $2.8 million in damages and unpaid royalties from Jammin Java Corp. in a trademark­-infringement suit. Fifty­Six Hope Rd. Music Ltd. v. Jammin Java, No. 16-­5810 (C.D. Cal., order entered May 30, 2017). The family’s companies, 56 Hope Road Music Ltd. and Hope Road Merchandising LLC, own…

  • Jury Finds for UC Davis in Strawberry IP Infringement

    A California jury found that retired University of California, Davis, professors willfully infringed the university’s patents on strawberries they developed in the school’s program. Regents of Univ. of Cal. v. Cal. Berry Cultivars, No. 16­-2477 (N.D. Cal., verdict filed May 24, 2017). The professors formed a private strawberry-­breeding company, California Berry Cultivars, after retiring from…

  • Sazerac Limited to Attorney’s Fees in Trade-Dress Suit

    A federal court has ruled that Sazerac Co. may take Fetzer Vineyards, Inc. to trial for its trade­-dress claims but cannot seek damages because it failed to disclose damage calculations in a timely manner. Sazerac Co. v. Fetzer Vineyards, Inc., No. 15­-4618 (N.D. Cal, order entered April 27, 2017). Sazerac, maker of Buffalo Trace bourbon,…

  • Summary Judgments in Strawberry-Breeding Dispute Favor Both Sides

    A federal court has granted summary judgment on a majority of issues in a dispute between scientists and the University of California Davis centered on the intellectual ­property rights of two strawberry varieties. Cal. Berry Cultivars, Inc. v. Regents of U. of Cal., No. 16-­2477 (N.D. Cal., filed May 2, 2015). Two former UC Davis…

  • Jagermeister Files TTAB Opposition to Application for Deer Head Mark

    Mast­Jagermeister SE has filed an opposition to a trademark application by apparel company Offseason Outdoors for a logo featuring a deer’s head. Mast­Jagermeister SE v. Offseason Outdoors, No. 91234087 (T.T.A.B., opposition filed April 19, 2017). Jagermeister, which marks its alcohol products with deer head images, filed its notice of opposition to Offseason’s trademark application, claiming…

  • Torchy’s Tacos Sues Competitor for Infringement of “Damn Good Tacos”

    Texas chain Torchy’s Tacos, which uses the tagline “Damn Good Tacos” in its restaurants and merchandising, has filed suit against Colorado restaurant Dam Good Tacos for trademark infringement, claiming consumer confusion. Success Foods Mgmt. Group, LLC v. Dam Good Systems, LLC, No. 17­0842 (D. Colo., filed April 5, 2017). Asserting that it registered the “Damn…

  • Kerrygold Files Trademark Suit Against Wisconsin Maker of Irishgold Butter

    The Irish distributor of Kerrygold butter won an emergency restraining order against a Wisconsin creamery after alleging the creamery backed out of an agreement to process Kerrygold locally and later created its own nearly identical product, “Irishgold,” infringing Kerrygold’s trademark. Ornua Foods N. Am., Inc. v. Eurogold USA LLC, No. 17­0510 (E.D. Wis., filed April…