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On Reserve

A Wine Law Blog

Tag: trademark law

The Term “Blends” Is Merely Descriptive of Wine

Lindsey A. Zahn, October 28, 2014December 15, 2014

Ren Acquisition, Inc. (“Applicant”) sought registration on the Principal Register of the marks BLENDS and BLENDS, INC in standard characters for the marketing, advertising, and promotion of the sale of wine in International Class 35. In re Ren Acquisition, Inc., Serial Nos. 85787527 and 85787531 (October 3, 2014). Applicant disclaimed…

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TTAB Finds “Naughty Girl” Not Merely Descriptive of Wine

Lindsey A. Zahn, October 13, 2014December 15, 2014

In a recent opinion, the TTAB found a registered mark for “Naughty Girl” in Class 33 (wines and fortified wines) not merely descriptive of wine. Alvi’s Drift Wine International, the petitioner, sought to cancel the registration by von Stiehl Winery for the standard character mark “Naughty Girl.” Alvi’s Drift Wine…

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NOPA vs. Napa: A Wine Trademark Opposition

Lindsey A. Zahn, September 12, 2014December 15, 2014

Recently, a Portuguese wine company, Wine Vision Lda. sought to register the mark “NOPA” in standard characters for “wines” through the United States Patent and Trademark Office. Napa Valley Vintners Association (“NVVA”) filed a notice of opposition with the Trademark Trial and Appeal Board.  Napa Valley Vintners Association v. Wine…

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Introducing LabelVision: The 21st Century COLA Search

Lindsey A. Zahn, August 12, 2014August 10, 2014

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…

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The Trademark Battle of Jamieson Ranch Vineyards and Pernod’s Irish Distillers

Lindsey A. Zahn, July 29, 2014December 15, 2014

In March, Jamieson Ranch Vineyards launched a declaratory judgment suit against Pernod Richard’s Irish Distillers Limited, owner of the renowned Jameson Irish Whiskey, in response to the Ranch’s receipt of a cease and desist letter. See Jamieson Vineyards Takes On Pernod Ricard’s Irish Distillers. According to Jameson Clashes with Jamieson Over Name, the letter issued by Irish Distillers…

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Penfolds: The Unfolding of China’s New Trademark Law

Lindsey A. Zahn, July 23, 2014December 15, 2014

A new case that may show the effects of China’s recently updated trademark law made headlines this last week. Treasury Wine Estates reported that the company did not register the Chinese name for Penfolds and is currently engaging in a legal battle with Li Daozhi, an allegedly notorious trademark squatter….

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The New Chinese Trademark Law In Effect: The Wine Version

Lindsey A. Zahn, June 5, 2014December 15, 2014

There’s been a lot of news over the last few months with respect to China and wine trademarks, especially with respect to French winemakers. See, e.g., Is China Making a Step Forward in Wine Trademark Law? and French Wine Company Castel Frères to Pursue Trademark Battle Against Panati in China’s Supreme Court. On May…

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A Trademark Double Entendre: N2 Versus Into Wines

Lindsey A. Zahn, April 30, 2014December 15, 2014

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…

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Chateau Mouton Rothschild Tells Burgundy Wine Producer to Change its Name

Lindsey A. Zahn, April 7, 2014August 11, 2014

Bordeaux estate Château Mouton Rothschild recently sent a Burgundy wine producer, Vintner Laurent Mouton, a cease and desist letter, asking the producer to stop use of the name “Domaine Mouton” on its wine labels. The Château claimed that use of such a name on wine labels was “unauthorised reproduction [and] amounts to…

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Santa Barbara, Bordeaux, and Bourgogne/Chablis Sign the Joint Declaration to Protect Wine Place & Origin

Lindsey A. Zahn, March 28, 2014December 15, 2014

Three renowned wine regions recently signed the Joint Declaration to Protect Wine Place & Origin. By signing the Declaration, the new signatories—the American wine region of Santa Barbara County and the French wine regions of Bordeaux and Bourgogne/Chablis—become part of a global movement to protect wine place names and ensure…

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