February 14 marks an unofficial end to winter because, as baseball fans know, this is the day when pitchers and catchers report for spring training. In honor of this happy occasion, and being both baseball fans and trademark...more
On May 15th, Shipyard Brewing filed a trademark infringement suit against Logboat Brewing Company in federal court in Missouri, claiming that Logboat’s use and registration of SHIPHEAD GINGER WHEAT (disclaiming “ginger...more
Although it has refused to acknowledge a default rule, the Trademark Trial and Appeal Board (TTAB) continues its recent trend of concluding that beer, wine, liquor, and other alcohol-based consumables are related for purposes...more
A unanimous eight-person jury found that Dan Aykroyd’s Crystal Head Vodka skull-shaped bottle has been intentionally infringed by Elements Spirits Inc.’s Day of the Dead-inspired skull shaped tequila bottles. Undoubtedly...more
Welcome to the first in a series of Distillations blog posts on Fish Trademark & Copyright Thoughts. Distillations will discuss notable decisions and developments in trademark and advertising law as they relate to the beer,...more
The Trademark Trial and Appeal Board (the “Board”) has drawn a line in the sand for legal purveyors of marijuana seeking federal trademark registrations.
In its first ever precedential decision in a case involving...more
FACTS: John Wiley & Sons (“Wiley”) filed a lawsuit against Supap Kirtsaeng (“Kirtsaeng”) when it discovered that Kirtsaeng’s family and friends abroad were purchasing Wiley textbooks at a discounted rate and shipping them to...more
Fans of the Denver Broncos are thrilled after they watched their vaunted defense dismantle the NFL’s highest scoring offense, the Carolina Panthers. With the Super Bowl high in full effect, fans of the Broncos are probably...more
Supap Kirtsaeng (“Kirtsaeng”) already has one precedential U.S. Supreme Court case under his belt, and on Friday, January 15, 2016, the Supreme Court decided to give him a chance at a second when it granted certiorari of...more
In a drama that certainly has not seen its curtain drop, the 9th Circuit has changed its mind twice on the same issue in the same case during a 19 month span. This story began in 2011 when Multi Time Machine, Inc. (“MTM”), a...more