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On Reserve

A Wine Law Blog

Tag: USPTO

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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Are Night and Noche Likely to Cause Confusion for Wine?

Lindsey A. Zahn, August 9, 2018August 8, 2018

The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued two relevant decisions to the wine industry. The decisions are summarized below. In re En Primeur Wines, Inc., Serial No. 87170488 (July 18, 2018) [not precedential]: En Primeur Wines, Inc. (“Applicant”) sought registration on the Principal Register of the mark MY…

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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 In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential]: El Galan, Inc. (“Applicant”) sought registration of the mark TERNURA in standard…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 In In re Harlequin Enterprises Limited, Serial No. 86761280 (September 7, 2017) [not precedential], Applicant (Harlequin Enterprises Limited, a purveyor of romance novels) sought to register a design…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 In re Fetzer Vineyards, Serial No. 86789970 (June 22, 2017) [not precedential].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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On Reserve Trademark Special Through August 31, 2017

Lindsey A. Zahn, June 20, 2017June 20, 2017

On  Reserve is excited to announce an exclusive trademark package through Lehrman Beverage Law, PLLC. The package will extend to new clients and trademark registrations through August 31, 2017. For more information, please contact us at trademarks@bevlaw.com or via phone at 202-449-3739 ext. 4. Please mention On Reserve Special 2017.

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Wine Law Trademark Series Part 2: Trademark Clearance Searches

Lindsey A. Zahn, May 24, 2017May 23, 2017

This blog article is the second in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Why should a winery consider a trademark clearance search? Before registering a mark with the U.S.P.T.O., wineries and wine industry members should consider conducting a trademark…

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Wine Law Trademark Series Part 1: Registrability of Marks

Lindsey A. Zahn, May 10, 2017May 23, 2017

This blog article is the first in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Wineries often look to common law to protect their marks and intellectual property. This can be a feasible solution if the winery remains small and if…

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The Vineyard House Files Trademark Infringement Complaint Against The Napa Vineyard House

Lindsey A. Zahn, February 15, 2017February 16, 2017

As originally reported by the Napa Valley Register, two vineyard “houses” in Napa are currently in disagreement about the use of a similar name. See Lawsuit Claims Confusion Between 2 Napa ‘Vineyard Houses.’ Vineyard House Winery in Oakville is disputing the use of “Vineyard House” by The Napa Vineyard House. On February 1st, The…

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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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