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Chief Wahoo: A Look Back in History

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

2/15/2018  /  Logos , MLB , Sports , Trademarks , USPTO

Distillations: Two Ships Passing Not So Quietly in the Night

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

Distillations: Respect Thy Neighbor (on the Shelf)

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

Distillations: ALERT: Skull Crushing Victory

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

Distillations: A Toast to Champagne

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

Half-baked Specimens Doom HERBAL ACCESS Application at TTAB

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

9th Circuit Cannot Make Up Its Mind

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

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