U.S. District Court Rules In Favor of Brewery’s Trademark

U.S. District Court Rules In Favor of Brewery’s Trademark

In a trademark dispute over the brand-name ROGUE, the United States District Court of the Southern District of New York ruled that Excelled Sheepskin & Leather Coat Corp. (Excelled) cannot appropriate Oregon Brewing Company’s (OBC) right to utilize the ROGUE mark because OBC is the senior user of the name.

Guns N’ Roses & CO Brewery Reach Settlement

Guns N’ Roses & CO Brewery Reach Settlement

In a complaint filed on May 9, 2019, in Los Angeles federal court, Guns N’ Roses (GNR) accused Longmont-based brewery Oskar Blues of trademark infringement and dilution for marketing and selling a beer named “Guns ‘N’ Rosé.” The infamous rock band alleged that the brewery “intentionally trade[d] on the GNR’s goodwill, prestige, and fame” by selling Guns ‘N’ Rosé since early 2018, and purposefully leading consumers to believe the band is connected with the beer. The band sought unspecified damages.

No Personal Jurisdiction over Trademark Defendants

No Personal Jurisdiction over Trademark Defendants

On November 12, 2018, Tech and Goods, Inc. (Plaintiff) filed a complaint against Tooletries, LLC, and Tooletries Pty. Ltd. (together, Tooletries Defendants) and 30 Watt Holdings, LLC (30 Watt) (Defendants). Plaintiff alleged that Defendants’ “Sudski” and “Sipski” products violated various provisions of the Lanham Act, violated the Michigan Consumer Protection Act, and constituted common law unfair competition. On December 6, 2018, 30 Watt filed a motion to dismiss for lack of personal jurisdiction and improper venue. On January 4, 2019, Tooletries Defendants followed suit and filed a

Monster Energy's Motion For Summary Judgement Gets Mixed Results

Monster Energy's Motion For Summary Judgement Gets Mixed Results

On August 2, 2017, Monster Energy Company brought a trademark action against BeastUp LLC, alleging trademark infringement under the Lanham Act, trademark dilution, and unfair competition under California statute and common law, arising out of BeastUp’s use of the “BEASTUP” mark, which is allegedly similar to Monster Energy’s “UNLEASH THE BEAST!” mark, and related claw marks. Monster Energy moved for summary judgment on October 4, 2018.

U.S. District Court Rules in Favor of Brewery’s Trademark

U.S. District Court Rules in Favor of Brewery’s Trademark

In a trademark dispute over the brand-name ROGUE, the United States District Court of the Southern District of New York ruled that Excelled Sheepskin & Leather Coat Corp. (“Excelled”) cannot appropriate Oregon Brewing Company’s (“OBC”) right to utilize the ROGUE mark because OBC is the senior user of the name.

What is Craft Beer Anyway? Should Consumers and Brewers Care?

What is Craft Beer Anyway? Should Consumers and Brewers Care?

In the United States today, there are more than 7,000 craft breweries. Even so, those 7,000-plus breweries produce only a small percentage of beer sold. Accordingly to the Brewers Association – a nonprofit trade association that represents the interests of many small (production of 6 million barrels or less per year), independent (less than 25% non-craft owned) brewers, beer production in 2018 hit 194,278,588 barrels, 13% of which was attributed to craft breweries, 18% to imports, and a whopping 68% to other “big beer” domestics (Miller-Coors, Anheuser-Busch InBev (“ABI”), and the like).

Music Licensing for Breweries

Music Licensing for Breweries

Aside from the tasty brews which make any great taproom or brewery stand out, what's important is the atmosphere in which you enjoy your specially crafted beverage. Whether the music is a focal point, or faded into the background, the music that an establishment decides to play for its patrons is paramount to the atmosphere it provides. The music provided for that atmosphere is not without cost though; a cost which tends to be over demanding and opaque due to the lack of information available when obtaining music licenses. However, recent legislative developments have been directed at

Brewery Taproom Laws & Regulations

Brewery Taproom Laws & Regulations

Following Prohibition’s repeal in 1933, the regulation of commerce in alcohol was widely delegated to the individual states. Save for broad constitutional parameters and minimal Federal alcohol laws (such as the 1986 National Minimum Drinking Age Act), the states and their localities possess power to regulate alcohol from manufacturer to wholesaler to retailer to consumer and everywhere in between.

Cannabis-Infused Beer: When two worlds collide.

Cannabis-Infused Beer: When two worlds collide.

With the nation’s demand for recreational marijuana on a steady incline and the national beer consumption rates down in recent years, some of those in the beer industry have begun exploring the world of cannabis-infused beer. Federally, THC and CBD are products of marijuana, a Schedule 1 Drug according to the Drug Enforcement Administration (DEA) and, consequently, they may not be sold across state lines, even for states in which marijuana is legal. Although recreational marijuana has strides to make before obtaining federal recognition, some beer manufacturers are taking advantage of the

Are Incontestable Trademarks Contestable?

Are Incontestable Trademarks Contestable?

REQUEST A CONSULTATION

A long-running trademark dispute between the City of Portland and a craft brewery within that city, Old Town Brewery, is over, according to an announcement by the Oregon Brewers Guild. Old Town Brewery, the owner of a registered federal trademark since 2012, had been defending its registration against the City of Portland for two years. The fight has been over the city’s application for a trademark that includes a leaping stag. Old Town received a federal registration for the stag for selling beer in 2012 and was recently granted incontestability.