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Must-Visit Piemonte Wineries: Rizieri and Ceretto

Rizieri Langhe Arneis wine Diano d'Alba winery PiemonteLast fall, I traveled to several wine regions in Italy on vacation. I spent some time in the gorgeous Piemonte region, which is home to one of my favorite wines (Barolo). The trip was well planned, as the harvest was timely this year, the quintessential Nebbiolo grapes were at their peak, and it also happened to be the start of truffle season. (The weather was also, thankfully, perfect.) I spent a lot of time visiting vineyards, tasting, and learning more about the region and talking to winemakers to learn more about their craft, history, and profession. Two of my favorite visits from the trip were to Rizieri and Ceretto.

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Likelihood of Confusion USPTO Ram Horn WineRam’s Gate Winery, LLC (opposer) filed a notice of opposition against application Serial No. 862692961 before the United States Patent and Trademark Office. (The application was filed by Opal Moon Winery, LLC on May 1, 2014 and sought registration on the Principal Register based on applicant’s intent to use the mark in commerce.)  Applicant sought to register the mark RAM HORN in standard characters for goods identified as “wine” in International Class 33. See Ram’s Gate Winery, LLC v. Opal Moon Winery, LLC, Opposition No. 91221205 (December 8, 2016) [not precedential]. Opposer claimed there was a likelihood of confusion with three registrations, including Registration No. 4074683 for the mark RAM’S GATE in standard characters for “wine, sparkling wine” in International Class 33. Applicant denied such allegations.

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Submitting a Petition for a New Grape Variety to TTB

Loureiro petition grape variety American wine TTBLast year, I represented a client before the Alcohol and Tobacco Tax and Trade Bureau (TTB) with respect to petitioning for the addition of a new grape variety for use as a variety on American wine labels. The grape variety, Loureiro, has been used on imported wines from Portugal and Spain. Its use in the United States is expanding, but before our petition was filed, TTB did not recognize the use of “Loureiro” as a grape variety for American wines. It thus could not be approved as a varietal wine. Several U.S. producers were actually very creative with their labels and used the phonetic spelling of Loureiro as their fanciful name (in an attempt to circumnavigate TTB’s regulations with respect to grape varieties).

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Swill Beer 10 Barrel Brewing Likelihood of Confusion Trademark USPTO

A recent application before the United States Patent and Trademark Office, 10 Barrel Brewing, LLC sought to register the mark SWILL (in standard characters) for beer in International Class 32 (for beer) on the Principal Register. See In re 10 Barrel Bxrewing, LLC, Serial No. 86190248 (May 31, 2016) [not precedential].  The application for registration was originally refused by the Examining Attorney under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that Applicant’s mark resembled the mark SWELL SWILL in standard characters, previously registered for wine in International Class 33, and was likely to cause confusion. Applicant appealed to the Trademark Trial and Appeal Board (after the refusal was finalized) and requested reconsideration.

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CIDER WEEK: So You Want To Start Your Own Cidery (Session 2)

Our first Cider Week session event sold our for October 25th, so we added a second event on Saturday, October 29th. Please see below for more information. 

On October 29th at 6:00 PM, I will be speaking at Wassail for New York City Cider Week. The event is So You Want To Start Your Own Cidery, where I will discuss the legal elements of applying for a cider license with the New York State Liquor Authority (as well as for a federal license through the TTB). Also present will be Seth Jones, owner of East Hollow Cider and Mead, who will talk about how he became interested in apples and cider as well as discuss his trials and tribulations in obtaining a cidery license.

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CIDER WEEK: So You Want To Start Your Own Cidery

CIDER WEEK: So You Want To Start Your Own CideryOn October 25th at 8:00 PM, I will be speaking at Wassail for New York City Cider Week. The event is So You Want To Start Your Own Cidery, where I will discuss the legal elements of applying for a cider license with the New York State Liquor Authority (as well as for a federal license through the TTB). Also present will be Seth Jones, owner of East Hollow Cider and Mead, who will talk about how he became interested in apples and cider as well as discuss his trials and tribulations in obtaining a cidery license.

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the beach house wine by douglas green trademark registration likelihood of confusionA recent application before the United States Patent and Trademark Office sought to register the mark The Beachhouse, A Wine by Douglas Green (in standard characters) for wines in International Class 33 on the Principal Register. See In re LDGB (PTY) LTD, Serial No. 85944842 (April 29, 2016) [not precedential].  The application for registration was originally refused by the Examining Attorney under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that Applicant’s mark resembled the mark BEACH HOUSE WINERY in standard characters (“winery” disclaimed), previously registered for wine in International Class 33, and was likely to cause confusion. Applicant appealed to the Trademark Trial and Appeal Board and requested reconsideration.

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On Reserve Exclusive Trademark Package Through 2016


On Reserve Special 2016 Trademark Package

On  Reserve is excited to announce an exclusive trademark package through Lehrman Beverage Law, PLLC. The package will extend to new clients and trademark registrations through the end of 2016. For more information, please contact us at trademarks@bevlaw.com or via phone at 202-449-3739 ext. 4. Please mention On Reserve Special 2016

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americana trademark law alcohol beveragesA recent application before the United States Patent and Trademark Office sought to register the mark Old Americana (in standard characters) for alcoholic beverage except beers in International Class 33. See In re Luca Mariano Distillery LLC, Serial No. 86293520 (June 23, 2016) [not precedential].  The application for registration was originally refused by the Examining Attorney under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that Applicant’s mark resembled the mark AMERICANA registered for vodka in International Class 33 and was likely to cause confusion. In addition, the Attorney refused registration under Section 6 of the Trademark Act based on Applicant’s failure to comply with requirement to disclaim the word “OLD.” Applicant appealed to the Trademark Trial and Appeal Board and requested reconsideration.

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A recent application before the United States Patent and Trademark Office sought to register the mark Tres Vidas (with a tree) for tequila and tequila infused with vitmanis in International Class 33. See In re Tres Vidas Organic, Inc., Serial No. 86609789 (August 5, 2016) [not precedentialTres Vidas USPTO liquor trademark spirits trademark law].  The English translation is “three lives.” The application for registration was originally refused by the Examining Attorney under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the ground that Applicant’s mark (when applied to the identified goods) resembles a prior registration for DOS VIDAS for tequila and thus likely to cause confusion, mistake, or to deceive. The mark in the DOS VIDAS registration also contained a translation indicating that it translated to, “two lives.”

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