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Trademark Protection for Wine & Spirits Labels

1h 31m

Created on July 24, 2015

Intermediate

Overview

The US is at the helm of a craft revolution where there are new producers of craft beer, wines and spirits growing in every state practically each day. The number of US craft brewers has nearly doubled since 2010. In New York State alone, there are now over 70 distilleries making spirits with locally sourced products, and the number of new distilleries keeps growing. As these new brands develop, so do conflicts amongst them as well as with the big producers who see the newcomers as a challenge to their turf and market share.  

 

In this course, attorney Daniel Marotta presents the important aspects of brand name development and federal trademark protection, particularly in terms of how it applies to the protection and enforcement of wine and spirit labels. He also addresses industry trademark registration problems.

 

 

Learning Objectives: 

I.    Recognize the inherent overlap between related products such as beer and wine 

II.   Overcome objections relating to geographic descriptions

III.  Understand the interplay with other regulatory requirements such as TTB "COLA's"  

IV.  Explore trade dress protection 

V.   Properly advise clients on choosing brand names in the first instance

VI.  Grasp trademark registration issues for wine and spirits 

VII. Identify the guidelines for resolving conflicts with competing beverage marks and how to avoid liability 

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