Additional Blogs of Interest

U.S. District Court Rules In Favor Of Brewery’s Trademark

Posted by Chloe Vickers on Oct 17, 2019 5:00:00 AM

In a trademark dispute over the brand-name ROGUE, the United States District Court of the Southern District of New York ruled that Excelled Sheepskin & Leather Coat Corp. (Excelled) cannot appropriate Oregon Brewing Company’s (OBC) right to utilize the ROGUE mark because OBC is the senior user of the name.

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Tags: Beer Law, Trademark Law

Guns N’ Roses & CO Brewery Reach Settlement

Posted by Chloe Vickers on Oct 15, 2019 5:00:00 AM

In a complaint filed on May 9, 2019, in Los Angeles federal court, Guns N’ Roses (GNR) accused Longmont-based brewery Oskar Blues of trademark infringement and dilution for marketing and selling a beer named “Guns ‘N’ Rosé.” The infamous rock band alleged that the brewery “intentionally trade[d] on the GNR’s goodwill, prestige, and fame” by selling Guns ‘N’ Rosé since early 2018, and purposefully leading consumers to believe the band is connected with the beer. The band sought unspecified damages.

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Tags: Beer Law, Trademark Law

Local Cigar Company Wins Trademark Battle

Posted by Marc Tawil on Oct 8, 2019 5:00:00 AM

Aurora, Colorado’s own La Aurora cigar shop, co-owned by Guillermo Leon, recently found itself opposing a possible trademark infringement claim by Dominican cigar company, Cigarros Don Guillermo C por A (CDG). Both companies were before the Trademark Trial and Appeal Board (TTAB) in July of this year making their cases. La Aurora was seeking to prevent Don Guillermo from registering the mark DON GUILLERMO CIGARS, CIGARROS DON GUILLERMO.

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Tags: Trademark Law

Patagonia's Trademark Suit Against Anheuser-Busch Continues

Posted by Chloe Vickers on Sep 26, 2019 5:00:00 AM

On April 9, 2019, Patagonia, Inc. and Patagonia Provisions, Inc. (collectively referred to as “Patagonia”), sued Anheuser-Busch, LLC (AB) for trademark dilution and obtaining a fraudulent trademark after theprominent beer manufacturer launched a beer called “Cerveza Patagonia” in the United States.  Patagonia filed suit following Cerveza Patagonia’s launch, hosted by AB at Colorado ski resorts, where its representatives “dressed in black down jackets with AB’s PATAGONIA logo on the chest and gave out beanies, scarves, and t-shirts all bearing the same PATAGONIA logo,” and marketed the beer as an environmentally-conscious product with its “1 tree for 1 case” pledge.

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Tags: Beer Law, Trademark Law

No Personal Jurisdiction over Trademark Defendants

Posted by Chloe Vickers on Sep 24, 2019 6:55:06 PM

On November 12, 2018, Tech and Goods, Inc. (Plaintiff) filed a complaint against Tooletries, LLC, and Tooletries Pty. Ltd. (together, Tooletries Defendants) and 30 Watt Holdings, LLC (30 Watt) (Defendants). Plaintiff alleged that Defendants’ “Sudski” and “Sipski” products violated various provisions of the Lanham Act, violated the Michigan Consumer Protection Act, and constituted common law unfair competition. On December 6, 2018, 30 Watt filed a motion to dismiss for lack of personal jurisdiction and improper venue. On January 4, 2019, Tooletries Defendants followed suit and filed a similar motion.

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Tags: Beer Law, Trademark Law

Monster Energy's Motion For Summary Judgement Gets Mixed Results

Posted by Chloe Vickers on Sep 23, 2019 5:01:00 AM

On August 2, 2017, Monster Energy Company brought a trademark action against BeastUp LLC, alleging trademark infringement under the Lanham Act, trademark dilution, and unfair competition under California statute and common law, arising out of BeastUp’s use of the “BEASTUP” mark, which is allegedly similar to Monster Energy’s “UNLEASH THE BEAST!” mark, and related claw marks. Monster Energy moved for summary judgment on October 4, 2018.

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Tags: Beer Law, Trademark 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

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

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