Monday, July 08, 2013

TTABlog Uncorked: Collection of Section 2(d) Cases Involving Wine (Updated)

I have put together a collection of TTABlogged Section 2(d) decisions involving 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 A few of the decisions are precedential, but even the non-precedential ones may provide some ideas and possible arguments: like the SAURUS/LAURUS decision, in which the Board panel agreed with opposer that "imbibing consumers may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

wine and beer
wine and tequila
wine and soft drinks
wine and water
wine and gelatin shots
wine and sauces
wine and restaurant services
wine and vinegar, soft drink mix, baking soda, bouillon cubes, and seasoning

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.

Read comments and post your comments here.

Text Copyright John L. Welch 2013.


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