Distilling Lessons from Recent Trademark Cases

By and on October 2, 2018

Craft distillers know the value of a good trademark. The name of a particular spirit, a logo, or a label design can be vitally important to a brand’s identity (and a distiller’s bottom line).  They also know how complicated—and legally fraught—branding can be. For better or worse, trademark disputes involving alcohol beverage products are becoming increasingly common. The disputes that make it to court provide valuable insight that could prevent future legal headaches surrounding the selection, protection, and enforcement of alcohol beverage trademarks.

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Originally published in Artisan Spirit: Fall 2018.

Eleanor B. Atkins
Eleanor (Ellie) B. Atkins focuses her practice on trademark, copyright, sweepstakes and promotions, and false advertising matters. Ellie is experienced in client counsel, strategy and legal research, including portfolio management and the selection, clearance, prosecution, registration and enforcement of trademarks. Additionally, she has assisted with district court litigation as well as actions before the Trademark Trial and Appeal Board, including drafting complaints, discovery requests and briefs in support of various motions. Read Ellie Atkins' full bio.


Mary Hallerman
Mary Hallerman focuses her practice on trademark, trade dress, false advertising, and copyright litigation and counseling. Mary represents clients in high-stakes cases in federal courts throughout the United States and before the Trademark Trial and Appeal Board. An emerging leader in the Firm’s respected trademark and copyright practice, Mary plays a significant role in case strategy and management. She has prepared numerous complaints, motions for preliminary injunction and ex parte temporary restraining orders, discovery motions and dispositive motions. She works frequently with expert witnesses, supervises discovery, and leads trial and evidentiary hearing preparation. Mary regularly works with clients in managing domain name portfolios, taking down infringing domains and fraudulent websites through UDRP proceedings or other enforcement methods, assessing litigation risks, reviewing advertising copy, and performing due diligence concerning trademark, copyright, false advertising, and unfair competition matters in corporate transactions. Read Mary Hallerman's full bio. 

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