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On Reserve

A Wine Law Blog

Tag: trademark registration

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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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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Is China Making a Step Forward in Wine Trademark Law?

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

One of my recent pieces was published by Cornell International Law Journal Online, which is an incredible online collection of short publications written by attorneys and law students discussing contemporary legal issues in various fields. I wrote about China with respect to trademark and the wine industry. Specifically, I discussed…

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Hennessy Wins Trademark Infringement Case in China Against Beijing Company

Lindsey A. Zahn, December 2, 2013December 15, 2014

The Drinks Business reported last week that renowned cognac producer Hennessy won a trademark case in China against a Beijing company for trademark infringement and unfair competition. As demonstrated previously, China can be a difficult market for true brand owners to obtain trademark. See, e.g., Kasite Trademark Sours for French Vintner Caste; see also What’s…

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No Likelihood of Confusion for Domaine Pinnacle Apple Juice and Pinnacles Ranches Wine

Lindsey A. Zahn, November 25, 2013December 15, 2014

Domaine Pinnacle, Inc., a Canadian-based apple orchard and cidery, filed an intent-to-use application to register a mark in International Class 33 for apple juices and non-alcohol-based beverages on December 30, 2005 (mark pictured right). The description of the mark is as follows: “The mark consists of A drawing of an…

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French Wine Company Castel Frères to Pursue Trademark Battle Against Panati in China’s Supreme Court

Lindsey A. Zahn, October 29, 2013December 15, 2014

A few weeks ago, On Reserve documented the story of Château Listran and the winery’s inevitable trademark defeat in the Chinese market by way of brand squatters. This week, we bring you a very similar story detailing the grievances of China’s trademark laws and impact on true brand owners who pursue…

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