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On Reserve

A Wine Law Blog

Tag: trademark registration

Court Denies Union Wine Company’s Motion to Dismiss Lawsuit Brought by FN Cellars

Lindsey A. Zahn, September 3, 2015September 2, 2015

Last week, California District Court Judge Donato denied Union Wine Company’s motion to dismiss a suit launched against the wine company by FN Cellars, LLC. FN Cellars originally brought suit against Union Wine seeking (1) declaratory judgment of validity for FN Cellars’ trademark; (2) a declaration that its mark does not…

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TTAB Allows Trademark Registration of French Town Montussan

Lindsey A. Zahn, August 20, 2015August 19, 2015

In a recent TTAB opinion, the Board reversed a prior decision of an Examining Attorney who refused to register a mark alluding to a French town Montussan. See In re Montussan Apertifs SAS, Serial No. 86172886 (August 12, 2015) [not precedential]. Applicant (Montussan Apertifs SAS) originally filed an application to register the…

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Winery Files Opposition to Trademark Registration of HBO’s Three-Eyed Raven

Lindsey A. Zahn, May 19, 2015May 20, 2015

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…

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Is There a Likelihood of Confusion Between APOTHEOSIS and APOTHIC?

Lindsey A. Zahn, April 29, 2015April 28, 2015

Applicant Kinney Family Vintners LLC DBA Occasio Winery sought to register the mark APOTHEOSIS for several types of red wine but was opposed by E. & J. Gallo Winery. See E. & J. Gallo Winery v. Kinney Family Vinters LLC d/b/a Occasio Winery, Opposition No. 91207656 (March 10, 2015) [not precedential]. Gallo alleged prior use…

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Seattle Winery Forced to Change Name After Cease and Desist Letter from Jackson Family Wines

Lindsey A. Zahn, April 21, 2015April 21, 2015

Last week, Komo News reported that a Seattle-based winery, Bartholomew Winery, was forced to change the name of one of its wine brands after receiving a cease and desist letter from Jackson Family Wines. See Seattle Winery Forced to Change Name, Label After Cease-and-Desist. The wine brand, Jaxon, is reportedly named after the son of…

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Are AUREA and FINCA AUREA Confusingly Similar for Wine?

Lindsey A. Zahn, March 16, 2015March 14, 2015

Applicant Roberto Oreste Antonio Busnelli sought to register the mark FINCA AUREA on the Principal Register in standard characters, with FINCA disclaimed in International Class Type 33.  See In re Roberto Oreste Antonio Busnelli, Serial No. 85830131 (February 20, 2015) [not precedential]. The application included a translation that indicated the the mark means,…

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Hillside Select: Napa Vintner Sues Angwin Winery Over Name

Lindsey A. Zahn, January 19, 2015January 23, 2015

Napa Valley vintner Shafer Vineyards recently filed suit against Angwin, California winery owner, Mike Beatty (doing business as Howell Mountains Vineyards) for use of the term Hillside Select on its wine. Shafer Vineyards—who according to the USPTO database registered the mark Hillside Select in January 1990—alleges Mr. Beatty used the Napa Valley vintner’s registered…

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Trademark: Can a Last Name be Confusingly Similar for a Wine?

Lindsey A. Zahn, January 5, 2015December 30, 2014

Joseph Barton, Applicant, sought to register the mark (in standard characters) BARTON FAMILY on the Principal Register in international class 33 “wine; wines.” See In re Thomas Barton, Serial No. 85826787 (Dec. 11, 2014) [not precedential]. The Trademark Examining Attorney refused registration of Applicant’s mark under Section 2(d) of the Trademark Act, 15 U.S.C….

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Is CENTURY Confusingly Similar with SECOLO for Wine?

Lindsey A. Zahn, December 31, 2014March 14, 2015

The Biltmore Company, Applicant, sought to register the mark CENTURY (in standard characters) for wine in International Class 33. See In re The Biltmore Company, Serial No. 85561663 (Nov. 21, 2014) [Not precedential]. Originally, the Trademark Examining Attorney refused registration under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the…

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Arcata Not Primarily Geographically Deceptively Misdescriptive of Wine

Lindsey A. Zahn, November 18, 2014December 15, 2014

In a recent TTAB decision, the Board found that Arcata was not primarily geographically deceptively misdescriptive of wine. The Applicant, D’Andrea Family Limited Partnership, sought to register the mark ARCATA in standard character form for “Wine” in International Class 33. In re D’Andrea Family Limited Partnership, Serial No. 85834204 (Oct….

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