Last week, Franciscan Vineyards, Inc. of St. Helena filed an opposition to the mark THREE-EYED RAVEN, filed by Applicant Home Box Office, Inc., for alcohol beverages, energy drinks, and non-alcoholic drinks beverages and fruit drinks. Franciscan Vineyards opposes registration of THREE-EYED RAVEN on the grounds that registration is likely to…
Tag: labeling
MillerCoors Hit with Class Action Suit for Use of “Artfully Crafted” on Blue Moon Beer
On April 24, 2015, a class action lawsuit was filed in state court against MillerCoors LLC, alleging that the company’s Blue Moon beer deceives consumers into thinking the product is “Craft” by marketing the brand as “Artfully Crafted” and disassociating it from MillerCoors. See Parent v. MillerCoors LLC. The plaintiff alleges that MillerCoors…
TTB Expands List of Allowable Revisions to Approved Labels for Alcohol Beverages
On Monday, in Industry Circular Number 2014-02, TTB announced the expansion of its list of allowable revisions to approved labels for alcohol beverages, also known as Certificate of Label Approvals (“COLAs”). The agency currently maintains a list of allowable revisions to approved labels that outlines the permitted changes that can be…
Introducing LabelVision: The 21st Century COLA Search
Last week, the folks at ShipCompliant officially rolled out a new service called LabelVision. To many in the wine, beer, or spirits industry, this new resource is a game changer. Instantly, we have access to over 1.5 million federally approved labels as far back as 20 years. To some, such a system may…
How Are Organic Wine Labels Regulated in the U.S.?
Here is a good, and relevant, question. What happens if a wine label boasts the term, “ORGANIC,” or “CERTIFIED ORGANIC” but is neither organic nor certified as such? As organic products—including wines—become more popular among consumers, there is a greater risk of fraudulent use of the term “ORGANIC.” See, e.g., Is…
District Court Denies Duck Walk’s Motion to Dismiss Against Duckhorn
Last year, California-based Duckhorn Wine Co. filed a complaint against Long Island-based Duck Walk Vineyards alleging consumer confusion and breach of settlement agreement that resolved a prior trademark infringement action between the two parties. See Duckhorn Wine Co. Files a Complaint Against Duck Walk Vineyards Alleging Consumer Confusion on Wine Labels; see also Duckhorn…
A Trademark Double Entendre: N2 Versus Into Wines
Here’s an interesting scenario. Can a trademark applicant’s mark ever have multiple meanings? And can such dual-meaning mark be issued a trademark even if one of its meanings is deemed merely descriptive? In a recent appeal to the United States Patent and Trademark Office’s Trademark Trial and Appeal Board, administrative…
TTB Issues Interim Policy on Gluten-Free Labeling and Advertising for Wine, Spirits, and Malt Beverages
As many know, on August 5, 2013, FDA issued a final rule regarding the labeling of gluten-free foods. See 78 FR 47178, Food Labeling; Gluten-Free Labeling of Foods. As noted by On Reserve previously, TTB announced on August 22, 2013 that the agency would review its policy on the use of the term…
Proposed Standard of Identity for Canadian Icewine
On June 15, 2013, the Canadian Food Inspection Agency released proposed regulations to create Icewine Regulations (of the Canada Agricultural Products Act) and Consumer Packaging and Labeling Regulations (of the Consumer Packaging and Labeling Act). See New Standard Will Help Open Markets for Canada’s Iconic Icewine. The proposed icewine regulations create “a Standard of Identity for icewine as…
TTB Publishes Final Rule Modifying Mandatory Label Information for Wine
On June 10, 2013, TTB published a final rule in the Federal Register amending the mandatory label information requirements for wine labels. The final rule allows the alcohol by volume (“ABV”) percentage to appear on other labels affixed to a wine container without appearing on the brand label. Previously, the regulations for…