Archive for November, 2013
We try to stay on the lookout for good and serious patents related to alcohol beverages. A few good ones are here. Today, we wanted to take a look at the ones that seem even less serious and a bit more, frothy. Dan Christopherson is an experienced trademark lawyer, and a registered patent lawyer, and Dan located a few good examples as below. Dan explained, “With all of the bad press coming out lately reporting craft brewers suing each other for allegedly infringing their intellectual property rights, we thought it might be a good idea to try to lighten the mood a bit.” With that in mind, here are a few humorous beer-related patent applications Dan came across:
- “Tooth Protector for Beverage Bottle and Beverage Bottle Enclosure” – US Patent Application No. 2012/0225166 by Krag David Hopps. I get as excited as the next guy/girl when I crack open a bottle of craft beer. That said, I have, to date, been able to temper my excitement enough to avoid crashing into and injuring my incisors with a beer bottle. Unfortunately for those individuals who have not shared in my good fortune, to quote Mr. Hopps, “No device has heretofore been available to protect a person’s teeth when he/she is drinking from a glass bottle.” This device, shown on the left, literally shields a beer drinker’s teeth from a beer bottle while drinking from the bottle. Mr. Hopps’ invention is sure to bring us into the golden age of bottle consumption safety. Good news for those of you with drinking problems.
- “Chewing gum with containing ethanol flavors“ - US Patent Application No. 2013/0034625 by David L. Ross. It is truly unfortunate that this patent application apparently does not include any images because I would love to see what this invention looks like. Mr. Ross has invented a beer flavored gum wrapped in a beer mug/bottle/keg shaped packaging “that encloses between 0.01 milliliters and 2 milliliters of alcoholic beverage [ethanol] in at least one cavity inside the gum.” Our rough calculations show that you’d have to chew at least 18 pieces of gum to get about the same alcohol content as a single bottle of a popular macrobrew. Better a sore jaw than a sore liver, I guess.
- “Netting system for drinking games” – US Patent Application No. 20120071278 by Andrew Mansfield. We agree with Mr. Mansfield’s sentiment that “a need exists for a cheap, easy to manufacture and an easy to use system that prevents ping pong balls from hitting the surrounding floor during game play.” As Mr. Mansfield points out, the previous attempt to clean up these games by providing wash cups to clean playing balls before throwing them into an opponents’ beer glass “is inefficient and often ineffective as the wash cups become dirty and contaminated from repeated contact with dirty ping pong balls as the game progresses. In addition, research has shown that the wash cups still hold bacteria, such as E. coli.” Without going through Mr. Mansfield’s undoubtedly comprehensive research results, we are relieved to hear that hygiene-conscious partygoers will no longer be left out of beer pong games.
- “Beer Pong Table with Cooling System” United States Patent No. 8,235,389, issued to Big Dog Pong, LLC. Big Dog Pong also took great strides to improve the great sport of Beer Pong with this invention. A true visionary, they recognize that playing beer pong on kitchen tables, closet doors, and other homemade tables can “unfairly affect the game” and that “beverages may become warm during play.” Big Dog Pong accomplishes all of this by placing a series of cooling areas into the table top surface of a standardized beer pong table.
We hope this post inspires you toward some frivolous or not so frivolous inventions of your own, or at least provides a welcome respite from the serious side of law, business, and intellectual property.
All the while you tend your vines, and the U.S. market for the fruits thereof, your precious brand names may be vulnerable to poaching, in the world’s most populous country. Lindsey Zahn points out the risks in a recent article in the Cornell International Law Journal Online. The article is entitled “No Wine-ing: The Story of Wine Companies and Trademark in China” and it was published on November 4, 2013. It points out the risks and opportunities, and provides a good overview of how China treats wine trademarks, and how that differs from the U.S. system. Lindsey is a lawyer specializing in wine law and food law, and she is a frequent writer on such issues at winelawonreserve.com.
In the article, Lindsey explains:
China follows a “first-to-file” rule for trademark registration. This means that the first person to file a trademark application with the China Trademark Office (“CTMO”) is usually granted the registration rights. Prior use of a mark in commerce generally affords little or no protection to a trademark applicant in China. By contrast, the United States Patent and Trademark Office considers whether the applicant is the first to use or intends to use the mark in commerce.
If a business even contemplates entering the Chinese market, it is generally recommended that a trademark application be filed before any product or service is present in China’s market. Failure to file trademark registration can allow third parties—referred to as brand “squatters”—to register the mark. This presents many problems: the prior registration of the mark can block the true brand owner from registration or force the owner to change its name to enter the Chinese market. Other times, a brand owner is forced to pay exorbitant fees to the third party registrant in order to procure the rights to the mark.