Posts Tagged ‘speaks for itself’
It is common knowledge that the beer field is crowded, when it comes to trademarks. But many steps further, even the beer-fish-trademark field is crowded, it appears.
And so on. NPR noted:
American trademark law lumps breweries together with wineries and distilleries, making the naming game even chancier. A widely circulating rumor has it that Yellow Tail Wines, of Australia, came after Ballast Point Brewing Co., in San Diego, for naming a beer “Yellowtail.” Ballast Point’s pale ale is now conspicuously lacking a fish-themed name (a signature, if not a trademark, of the brewery), though an image of a brightly colored yellowtail still resides plainly — and legally, it seems — on the label. A spokesperson for Ballast Point said the company could not discuss the matter.
Here is an innovative new spirits product called Cocktail Caviar. It is “burst-able pearls of naturally flavored spirits.” You can toss them in some wine, or freeze them and add them to other drinks. The product is so new that there is not much about this product on the web so far.
If I understand correctly, these chickpea sized “pearls” are a giantized version of the tiny booze droplets that make up Palcohol. Here, the alcohol is encapsulated in a layer of kelp and so it not quite a liquid and not quite a solid. Maybe there is shock fatigue after the Palcohol surprise, or the size of the pearls makes an enormous difference, or it’s the upscale marketing — but it does not seem like this product is bound to raise hackles the way the powderized product has. Steven Hollenkamp, the man behind this product, explained that part of the appeal of the brand name is that “caviar” is not at all likely to appeal to minors.
I happened to meet Steven this week and he explained:
We worked diligently with TTB getting Cocktail Caviar approved. This included 240 emails, dozens of phone calls and several in-person meetings with TTB administrators, one of which was a lengthy sit down meeting with several high-ups at TTB Headquarters in DC. They were on top of it and met me half way. As a novel product, we felt being an open-book in terms of information and documents, as well as with the long term Cocktail Caviar vision, was the best way to cultivate a healthy long term relationship with TTB. I mean that, and while that may seem like a simple idea, you’d be surprised how many brands use a more guarded approach, trying to snake through the rules in a way that can only irritate TTB formula and COLA specialists.
TTB approved seven flavors of this product last month, and one of the approvals is here.
I am a tad late for April Fools Day but it’s one of my favorite national holidays and so, we present the above. Is it real or fake? Would you drink it?
No cheating or Googling allowed. A very good clue, and/or the answer, is here.
Palcohol is back.
After approval from out of nowhere about a year ago, and cancellation of the same approvals a few days later, it is back. I have it on good authority that TTB has ironed out the kinks and approved the labels this week. Sen. Schumer will not be pleased (aka, he may be very pleased to have this whipping boy back within striking distance). Many states have already banned it. But this gives new life to this new category. Hats off to Mark Phillips for weathering the storm and persevering.
Below is the approved label as of 2014 alongside the label as approved on March 10, 2015. There are small, technical changes, mostly relating to how to measure the taxable commodity. Boxes 20 and 23 reconfirm that it took Mark almost a year to get this approval. The back label makes it look like an awful lot of work and controversy for a small amount of alcohol (when prepared, it only has half the liquid of a beer, and 1/4 the abv compared to vodka?!?).
In an email on the day of re-approval, Mark, the force behind Palcohol, explained:
Yes, Palcohol is back. It’s been quite a journey, over four years to get Palcohol approved by the TTB. I do want people to know that the TTB has been great to work with. Very fair and professional. And I’m not just saying that to kiss up to them as they have now approved Palcohol and it’s done.
The next challenge is trying to stop the states from banning it based on misinformation and ignorant speculation. It is a mistake for a state to ban Palcohol because…