TTABlog Uncorked: Collection of Section 2(d) Cases Involving Wine (Updated)
I have put together a collection of TTABlogged decisions involving Section 2(d) involving wine. A few of the decisions are precedential, but even the non-precedential ones may provide some ideas and possible arguments: like the SAURUS/LAURUS decision, in which the Board panel agreed with opposer that "imbibing consumers may have even less ability than the general consuming public at large to make distinctions between or among such similar marks." The Board found wine to be related to beer, tequila, soft drinks, gelatin shots, sauces, vinegar, and other food items. What about water and wine? Two decisions: one says they are related, and in the other the opposer failed to put in evidence of their relatedness. Wine and restaurant services? Yes, if the proofs are goods. bouillon cubes, soft drink mix, baking soda, and seasoning (MSG)? Not so much.
wine and wine
- Precedential No. 23: CHEMIN DES PAPES Not Confusable with CHATEAUNEUF-DU-PAPE CONTROLE for Wine, Says TTAB
- MERLO'S MERLOT for Wine is Primarily a Surname, Confusable with LAGO DI MERLO, Says TTAB
- TTAB Dismisses 2(d) Opposition: TAMAYA Not Confusable With MAYA, Both For Wine
- CHAMPARTY Not Confusable With CHAMPAGNE for Sparkling Wine, Says TTAB
- Applicant’s Prior Use of PARLAY for Wine Was Not Unlawful Despite Lack of COLA Approval, Says TTAB
- Finding CORVUS and CORVO Confusingly Similar for Wine, TTAB Sustains 2(d) Opposition
- Test Your TTAB Judge-Ability: Are "LES COLLINES" and "HILLS VINEYARD" Confusingly Similar for Viticulture Services? [Answer: No]
- Another Test of Your TTAB Judge-Ability: Are CLOUDBANKS and FOGBANK Confusingly Similar for Wine? [Answer: Yes]
- Parties Go ACR: TTAB finds "FREDERICK WILLIAM" and "FREDERICK WILDMAN logo" Not Confusingly Similar for Wine
- TTAB Reverses 2(d) Refusal, Finds "PORTIA SUMMA" and "SUMMA VINEYARDS" Not Confusingly Similar for Wine
- TTAB FInds "LUZ DE ESTRELLA" and "STARLITE WINERY" Confusingly Similar for Wine
- "CINQUANTE-CINQ" and "55" Confusingly Similar for Wine, Says TTAB, Equivalently
- TTAB Grants 2(d) Summary Judgment: "MEIER'S" and "MEYER VINEYARD" for Wine Confusingly Similar
- Finding Wine-Imbibing Consumers More Susceptible to Confusion, TTAB Deems "SAURUS" and "LAURUS" Confusingly Similar
- In a Non-Precedential Ruling, CAFC Affirms TTAB's Uncitable "TORRE MUGA" Decision
- TTAB Query: "QUINTUS" and "QUANTUM" Confusingly Similar for Wine?
- Third-Party Uses Lead TTAB To Find "TORRE MUGA" And "TORRES" For Wine Not Confusingly Similar [Answer: No]
- Heard Through The TTAB Grapevine: "WESTSIDE RED" Confusingly Similar to "WESTSIDE BLUE" For Wine
- TTAB Affirms 2(d) Refusal Of Afrikaans "SONOP" For Wine
- Precedential No. 9: Finding Wine and Beer Related, TTAB Affirms 2(d) Refusal of "HB" over "HB & Crown Design"
- Test Your TTAB Judge-Ability: Two Cases of Beer and Wine [2(d) refusals affirmed].
- Finding "BELL HILL" for Wine and "BELL'S" for Beer Too Dissimilar, TTAB Dismisses 2(d) Opposition
- Finding Wine and Beer Related, TTAB Affirms 2(d) Refusal of "BEAR REPUBLIC" over "BEAR REPUBLIC RICARDO'S RED ROCKET ALE & Design"
- ATELIER for Tequila Confusable with ATELIER WINERY for Wine, Says TTAB
- Test Your TTAB Judge-Ability: Are GRAN SOL for Tequila and GRAN VINÃ SOL for Wine Confusingly Similar? [Answer: Yes]
- Precedential No. 26: FInding Wine and Water Related, TTAB Sustains 2(d) Opposition
- Opposer Fails to Prove Water and Wine Related; TTAB Dismisses 2(d) Opposition
- Test Your TTAB Judge-Ability: Is JOTS for Gelatin Shots Confusingly Similar to TOTT'S for Sparkling Wine? [Answer: Yes].
- WYHA? TTAB Affirms 2(d) Refusal of BRIX CELLARS over BRIX for Restaurant Services
- TTAB Affirms 2(d) Refusal: "MY BIG FAT GREEK WINE" Confusingly Similar to "MY BIG FAT GREEK RESTAURANT"
- TTAB Reverses "ANDIAMO" 2(d) Refusal: Insufficient Proof that Wine and Restaurant Services are Related
- PTO Proves Wine and Restaurant Services Related, TTAB Affirms 2(d) Refusal of "BRICKSTONE CELLARS"
- Finding Wine and Restaurant Services Related, TTAB Affirms 2(d) Refusal of "SEVEN SISTERS NAKED EYE"
TTABlog comment: Of course, there is no per se rule that wine is related to every other beverage. It just works out that way almost all the time.
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Text Copyright John L. Welch 2013.