Brewing new names for new breweries

This article by NUVO, a food and drink blog on October 30, 2014 highlights the importance of branding in the brewing industry, noting that there are over "3000 breweries developing and naming new beers all the time."  Fun fact: the first trademark was registered in 1876 in the UK for Bass Pale Ale.

The Vintner's IP Overview: Part II

The second segment of this Wines & Vines article on October 28, 2014 focuses on more common IP issues for wineries: copyrights for wine label artwork and trademarks for brand names.  An important thing to remember, as the author notes, is that protecting your intellectual property rights "demands vigilance."

A Vintner's Intellectual Property: An Overview

Vintners usually think about their intellectual property as solely their wine brand.  This Wines & Vines October 21, 2014 article provides a nice summary of other forms of intellectual property to protect, including trade secrets (e.g., a Chardonnay formula, manufacturing processes) and patents (e.g., methods of fermentation and purifying compounds from plants).  

Beer v. Wine: The naming wars

Great article by Euegene Pak on JD Supra on October 20, 2014 detailing the Patent & Trademark Office's approach to viewing beer and wine as related goods when refusing a trademark application for a beer with a similar name as a wine, and the flaws in that approach.  To support its position that beer and wine are "closely-related," the USPTO claims evidence of companies that produce both beer and wine under the same house mark.  However, Pak notes that it is in fact uncommon for a company to make both beer and wine.  

Avoiding Trademark Scams

Many of our clients ask us to review correspondence they receive regarding their trademark applications, especially those that appear "official" and seek money for various services.  These are scams.  As this June 5, 2014 National Law Review article points out, these types of solicitations are usually generated after your application becomes public record.  These solicitations are getting more common and more creative.  The USPTO has put together a helpful list of common examples of non-USPTO Solicitations that may resemble official communications.  As always, let us know if you have any questions on the validity of any correspondence you receive regarding your trademark.

Number of US wineries reaches all-time high

Wines & Vines Sept 15 article notes that "the number of U.S. wineries has just passed 8,000 for the first time" with Oregon having the largest percentage increase in wineries during the past year. The report shows other interesting trends, including a 17% increase in direct-to-consumer shipments from U.S. wineries since last year, increased winery hiring and the growth of flash sales. 

Global Trademark Filing Trends

July 22, 2014 National Law Review article summarizes a 2013 report that provides an overview of trademark activity in 186 countries.  The report notes an increase in international trademark filings, especially in China, India, Mexico and Taiwan. "The statistics may also highlight a growing awareness of the toll counterfeiting inflicts on the bottom line. Timely registration of key marks in developing markets is an important first step in stemming the flow of counterfeit products manufactured abroad."

U.S. Wine Exports Booming

February 26, 2014 article from the Wine Institute notes that "U.S. wine exports, 90% from California, reached a record high $1.55 billion in winery revenues in 2013, up 16.4% compared to the previous year, an increase for the fourth consecutive year by value. Volume shipments reached 435.2 million liters or 48.4 million cases, up 7.5%."  Of note is the increase from 2013 of exports to the following countries: EU up 31%; Canada up 12%; China up 6% and Mexico up  21%.

China's unquenchable thirst for wine

Asian Correspondent's January 17, 2014 article states that "China [is] the fifth largest wine-consuming nation in the world. . . between 2012 and 2016 Chinese wine consumption will increase by 40% . . . the fastest growing wine consumption market in the world – ahead of the U.S. and Russia."