Posts Tagged ‘labelvision’
Here is the bare minimum anyone in the beer business should know — about beer trademarks. Click below to see a video, from yesterday, by Dan Christopherson, a trademark lawyer at Lehrman Beverage Law in the Washington, DC area.
Go ahead and fire away with any additional questions, and I will try to cajole Dan into answering them here. Many thanks to ShipCompliant, and Alex Oxford in particular, for making this happen.
* This, for anyone disappointed about the headline.
Latrobe did a “brilliant” job here, picking up on a lot of important trends.
Let’s see how many instructive legal issues this one label raises. Extra points for anyone who can raise additional issues. No more ALS challenges, please.
- It is beer but it more or less screams spirits.
- In a variety of ways. (For example, the brand name refers to moonshine paraphernalia, as Tickle’s sidekick helpfully explains.*)
- Within the rules, probably.
- Even though spirits terms are not allowed on beer labels.
- Even though this product contains and purports to contain absolutely no whiskey of any sort.
- It mentions George Dickel at least three times.
- It mentions Rye but not Rye Whiskey. This is very smart in that, though they mean about the same thing to most people, rye is just a grain, and it’s not necessarily whiskey without the second word attached. Like Bourbon is not sufficient on even a Bourbon Whiskey label, without the second word.
- Latrobe used a formula, notwithstanding that TTB has eased way up on formula requirements.
- The label raises a lot of good trademark issues, tied up with Latrobe’s use of another company’s highly protected brand name.
- TTB seems to be allowing the term “refreshing” these days, on a pretty liberal basis, even though this policy has wavered a bit over the years.
This Tequila-themed beer shows that the above Whiskey-themed beer label is not just a fluke.
What did we miss?
* John’s parents will be proud that we have done some work for Tim Smith, Junior Johnson, The Hatfields & McCoys, Jesse Jane, Popcorn Sutton, Jesse James and other rapscallions. And this guy just looks guilty — I am not sure of what — but moonshining at least.