Bloomberg BusinessWeek's article from December 9, 2014 discusses the Virgin Group's aggressive policing of the word Virgin for goods and services spanning beyond transportation services.
No Monkeying Around With Copyrights
This December 8, 2014 article in the North Bay Business Journal talks about the "evolving landscape of intellectual property in the age of social media and the massive movement of personal and public data on the Internet." Oh yeah, and monkeys cannot own copyrights in the US!
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.
"New" reasons to register a trademark: Social Media & Search Engines
September 15 INTA Bulletin report highlights the importance of having a trademark registration to best combat infringement via social media and search engines and to prevail against cybersquatters.
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.
Breweries battle over hiker trademark
Sept 11th article by Tech Dirt shows how a brewery's use of a stick figure hiker on its beer bottle can cause a trademark conflict in the beer industry.
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."
Battling China's Trademark "Squatters"
This July 17 CNN NewSource article provides a good overview of recent cases and developments regarding the "hijacking" of wine trademarks in China. One of our Chinese co-counsel, Deanna Wong, also discusses the new amendments to China's trademarks law.
Brewery sues law firm for trademark infringement
Amusing article on CNBC about a DUI-specialized law firm's logo and marketing tactics ..
Trademark victory in China for France's appellations Roussillon & Banyuls
June 3 2014 Article in Decanter on French wine authorities' victory in China after a Beijing court ruled that a Chinese company cannot register the names Roussillon and Banyuls as brands.
Report on Record-High Sales of Wineries and Ownership Changes
Great report by Silicon Valley Bank on the Ownership Transitions in the Wine Industry 2014, noting that there is a "robust marketplace for small- and mid-sized wineries, with more winery sales and ownership transitions today compared to any other period." In fact, the study states that 1 in 10 wineries are considering a sale in the next 5 years.
Choosing your Trademark Name in China
April 29 article by China Briefing delineates the three ways to choose your trademark name in China.
California Wine Sales Growing
April 24 article by the Wine Institute noting that wine sales grow by 5% in value in the US in 2013
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%.
Number of wineries grows to 8,391 in North America
According to Wines & Vines' January 27th article, US wine production is up 6.3% and the winery average bottle price rose from $9 to $10.85. California alone has 3,674 wineries!
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."