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From Don't Brew Up Trouble: Trademark and Advertising Issues in the Craft Beverage Industry, September 2016
Craft Beverage Trademark Law 101 | Rebecca E. Crandall, McGuire Wood & Bissette, Asheville
While trademark attorneys are well-versed in the elements of likelihood of confusion, there are some nuances relating to craft beverage marks.
An attorney for several Western North Carolina craft brewers discusses insights regarding examination of craft beverage trademark applications before the USPTO.
She also discusses examples of how likelihood of confusion disputes have played out, including discussion of coexistence agreements.
Craft Beverage Labeling 101 | Robert F. “Rick” Jackson, McGuire Wood & Bissette, Asheville
There are potentially three hoops that every craft beverage producer must jump through related to label approval: USPTO, TTB and ABC (or equivalent state-level authority).
A professor at the Craft Beverage Institute of the Southeast gives an overview of the main elements of an alcoholic beverage label, as well as common mistakes made when seeking label approval from TTB.
He also compares and contrasts the brand-approval requirements of the USPTO with the label-approval requirements of the TTB and explores the potential impact of In re Tam on craft beverage labeling.
Craft Beverage Trademark Law: In the TTAB Trenches with Innovation Brewing | Douglas S. Reiser, Reiser Legal PLLC, Seattle, WA
The craft beer world has become one of collegiality and teamwork. Trademark disputes are becoming more often resolved by the beer managers, not the lawyers.
But every once in a while, a perfect marriage of factors prevents coexistence of brand owners.
The dispute between Bell’s Brewery and Innovation Brewing has the possibility of becoming the first craft v. craft trademark trial.
Beyond the legal briefs, this dispute is capable of having a lasting impact on the overall craft industry brand, and perhaps is a sign of things to come.
Part of the legal team for Innovation Brewing discuss the current state of brewery to brewery disputes and some of the details of this very public proceeding.