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On Reserve

A Wine Law Blog

Tag: likelihood of confusion

Dracula Wine Brand Owner Sues 19 Crimes

Lindsey A. Zahn, January 8, 2024January 2, 2024

Vampire Family Brands, LLC, a Ventura County winemaker, recognized for wine brands like Dracula, Vampire, and Fangria, is taking legal action against an Australian vintner for what it believes to be an infringement of its trademark, among other things. According to a complaint filed on August 29, 2023 in U.S….

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Recent USPTO Trademark Decisions Relating to Alcohol Beverages

Lindsey A. Zahn, June 18, 2018June 15, 2018

The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential]: El Galan, Inc. (“Applicant”) sought registration of the mark TERNURA in standard…

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Recent Wine, Beer, and Spirits Decisions by the USPTO TTAB

Lindsey A. Zahn, November 8, 2017November 6, 2017

The USPTO Trademark Trial and Appeals Board (TTAB) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In In re Harlequin Enterprises Limited, Serial No. 86761280 (September 7, 2017) [not precedential], Applicant (Harlequin Enterprises Limited, a purveyor of romance novels) sought to register a design…

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USPTO Finds a Likelihood of Confusion for HOODWINKED for Beer and HOODWINKED for Wine

Lindsey A. Zahn, August 21, 2017September 16, 2017

Fetzer Vineyards (“Applicant”) recently sought registration in standard character mark for HOODWINKED on the Principal Register for wine in International Class 33. In re Fetzer Vineyards, Serial No. 86789970 (June 22, 2017) [not precedential].  Originally, the Trademark Examining Attorney refused registration of the mark under Section 2(d) of the Trademark Act…

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Is There a Likelihood of Confusion Between RAM HORN and RAM’s GATE

Lindsey A. Zahn, January 18, 2017February 12, 2017

Ram’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…

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Is There a Likelihood of Confusion Between Swill and Swell Swill?

Lindsey A. Zahn, January 9, 2017February 12, 2017

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…

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Is There a Likelihood of Confusion Between The Beachhouse and Beach House Winery?

Lindsey A. Zahn, September 13, 2016February 12, 2017

A 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…

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Is There a Likelihood of Confusion between Tres Vidas and Dos Vidas for Tequila?

Lindsey A. Zahn, September 1, 2016February 12, 2017

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 precedential].  The English translation is “three lives.” The…

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USPTO Finds a Likelihood of Confusion for Duo for Beer and Duo for Wine

Lindsey A. Zahn, July 12, 2016February 12, 2017

Uinta Brewing Company (Applicant) filed an application before the United States Patent and Trademark Office (USPTO) to register on the Principal Register the mark DUO in standard characters for beer. The Trademark Examining Attorney refused registration under § 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), for the reason that Applicant’s mark (as…

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The “Naked” Truth of Likelihood of Confusion

Lindsey A. Zahn, March 2, 2016March 1, 2016

In a recent opinion issued by the Trademark Trial and Appeal Board, Applicants sought to register DRINK IT NAKED (in standard characters) on the Principal Register for Tequila in International Class 33. In re Castaneda and Anderson, Serial No. 85876309 (January 13, 2016) [not precedential]. The Trademark Examining Attorney originally refused registration of…

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