Additional Blogs of Interest

Brandon Selinsky

Recent Posts

COLORADO BREWERIES CAN DELIVER BEER

Posted by Brandon Selinsky on Mar 25, 2020 3:20:12 PM

Breweries and other businesses are currently under quarantine restrictions related to the outbreak of COVID-19. Breweries in Colorado can sell beer to go but cannot have on-site consumption. Because on-site consumption represents such a significant revenue stream for most breweries, everyone is looking for ways to stay afloat. One brand new possibility for Colorado Breweries is home delivery. On Friday, Governor Jerad Polis issued an executive order temporarily allowing breweries with a wholesale license to deliver beer directly to consumers. That order also permits restaurants to deliver alcohol with food orders. The Colorado Liquor Enforcement Division immediately issued guidelines for home delivery of beer and alcohol under the order. Accordingly, a brewery must:

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Tags: Beer Law

What You Need to Know about Legally Identical Trademarks

Posted by Brandon Selinsky on Jul 4, 2018 7:34:10 AM

The Trademark Trial and Appeal Board (TTAB) recently decided In re Trilliant Food and Nutrition, LLC, 2017 WL 3102593. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys.

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Tags: Trademark Law

Are Incontestable To Trademarks Contestable?

Posted by Brandon Selinsky on Feb 20, 2018 4:15:17 AM


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A long-running trademark dispute between the City of Portland and a craft brewery within that city, Old Town Brewery, is over, according to an announcement by the Oregon Brewers Guild. Old Town Brewery, the owner of a registered federal trademark since 2012, had been defending its registration against the City of Portland for two years. The fight has been over the city’s application for a trademark that includes a leaping stag. Old Town received a federal registration for the stag for selling beer in 2012 and was recently granted incontestability.

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Tags: Beer Law, Trademark Law

Are Incontestable Trademarks Contestable?

Posted by Brandon Selinsky on Feb 20, 2018 4:15:17 AM


A long-running trademark dispute between the City of Portland and a craft brewery within that city, Old Town Brewery, is over, according to an announcement by the Oregon Brewers Guild. Old Town Brewery, the owner of a registered federal trademark since 2012, had been defending its registration against the City of Portland for two years. The fight has been over the city’s application for a trademark that includes a leaping stag. Old Town received a federal registration for the stag for selling beer in 2012 and was recently granted incontestability.

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Tags: Trademark Law

Can the New Tax Bill Actually Affect To Your Beer Choices?

Posted by Brandon Selinsky on Jan 18, 2018 9:35:00 AM

The new tax reform bill will affect your brewery in a good way. The Tax Cuts and Jobs Act included the Craft Beer Modernization and Tax Reform Act (CBMTRA), which brings relief to breweries on several levels. The first and most immediate relief is financial: a reduction in federal excise taxes.

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Tags: Beer Law

What You Need to Know About Deceptively Misdescriptive Trademarks

Posted by Brandon Selinsky on Sep 8, 2017 7:38:04 AM

The Trademark Trial and Appeal Board (TTAB) recently decided the case of Gruma, S.A.B. de C.V. and Azteca Milling, L.P. v Instamasa Sociedad Anonima, 2017 WL 3102595. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys.

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Tags: Trademark Law

Trademark Settlement Agreements

Posted by Brandon Selinsky on Sep 6, 2017 8:42:00 AM


Recently, the Trademark Trial and Appeal Board (TTAB)  decided the case of Mylan Inc. v. Medikit, LLC, 2017 WL 3102600. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys.

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Tags: Trademark Law

About the Denial of a Similar Trademark

Posted by Brandon Selinsky on Sep 1, 2017 1:31:00 PM

The Trademark Trial and Appeal Board (TTAB) recently decided a case called Pan American Properties, Corp., 2017 WL 3102585. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys.

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Tags: Trademark Law

Trademark Likelihood of Confusion

Posted by Brandon Selinsky on Aug 22, 2017 1:53:00 PM

This blog concerns the case of Ironclad Performance Wear Corp., 2017 WL 3102591. The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys.

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Tags: Trademark Law

The du Pont Factors & Trademark Law

Posted by Brandon Selinsky on Aug 21, 2017 12:31:00 PM

The Trademark Trial and Appeal Board (TTAB) decided the case of In re Sansa Corporation (Barbados) Inc., 2017 WL 3102589. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys.

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Tags: Trademark Law

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