Trademark Question...

[foxbrew]

Hi there - quick question about trademarking. We are a small brewery in-planning and have a few different name options we like. Unfortunately some of them have been trademarked by vineyards(all in CA, we are on the East Coast).

Before going to an attorney, does anyone know if a winery/vineyard trademark would be considered the same category as beer?

Thanks a lot

[gungadin]

I would stay away from any name that any other alcoholic beverage producer has trademarked. The winery could easily (and rightly) claim that consumers would be confused by the different products. The last thing you want to spend money or energy on during startup is fighting for your trademark. My advice is to find your own brand identity and start fresh.

[GlacierBrewing]

I would stay away from any name that any other alcoholic beverage producer has trademarked. The winery could easily (and rightly) claim that consumers would be confused by the different products. The last thing you want to spend money or energy on during startup is fighting for your trademark. My advice is to find your own brand identity and start fresh.

Ditto...
Why buy trouble?
As I understand it, if there is a potential for consumer confusion ("is that beer made by that winery?"), the courts will go with who has the paperwork history in their favor.
Bottom line......pick a new name!

Prost!
Dave

[Thirsty_Monk]

I would stay away from any name that any other alcoholic beverage producer has trademarked. The winery could easily (and rightly) claim that consumers would be confused by the different products. The last thing you want to spend money or energy on during startup is fighting for your trademark. My advice is to find your own brand identity and start fresh.

I also agree.
Pick up different name and move on.

[banjolawyer]

I would stay away from any name that any other alcoholic beverage producer has trademarked. The winery could easily (and rightly) claim that consumers would be confused by the different products. The last thing you want to spend money or energy on during startup is fighting for your trademark. My advice is to find your own brand identity and start fresh.

Agree. You'd lose against the winery if a dispute over the name went to court
(Assuming you're saying the wineries have federal USPTO trademarks)

[pjbroyles]

A winery in our area had to change their name early on because a brewery had a similar name. Don't risk it.

[foxbrew]

fair enough, back to brainstorming. much rather spend more time on a unique name than dealing with a cease and desist down the road... thanks for the advice guys!

[airways]

See this for what can happen - especially when it's a big winery:

http://seattlebeernews.com/2010/06/b...nswood-winery/

Hi there - quick question about trademarking. We are a small brewery in-planning and have a few different name options we like. Unfortunately some of them have been trademarked by vineyards(all in CA, we are on the East Coast).

Before going to an attorney, does anyone know if a winery/vineyard trademark would be considered the same category as beer?

Thanks a lot