A Unique Bottle Design can be Protected

According to the Wine Market Council, fifty seven percent of all wine consumed on site is by women. Over half of the wine consumption in the U.S. is by women. According to an article by Marti Barletta posted at http://www.adage.com, “Marketing Wines To Women,” February 7, 2006, women shop for wine with the final experience in mind. Perhaps armed with that knowledge, Lushious LLC of Yorktown Heights, New York applied for a design patent on a wine bottle shaped somewhat like a women’s leg in a high heel shoe. And the U.S. Patent Office issued Patent No. D703,543 on April29, 2014 on the design, shown left: U.S. Patent No. D703,543 issued on April 29, 2014 to Lushious LLC. Continue reading


Hooray for the Red, White & Blue- The Importance of First to Use

In trademark law, the first user of a trademark is called the “senior user,” and has priority over any later user, called the “junior user.” This rule means that filing a trademark application, if you are the junior user, will not get your mark priority over the senior user.
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A Wine By Any Other Name Might Not Taste As Sweet

autumnwine Many casual wine drinkers do not readily remember the name of a good wine they have tasted. The best way for a vintner to make a memorable impression is by using a unique logo (images used in connection with a good or service). After all, a picture can make a much stronger impression than most words. For example, the names “3 HORSE RANCH” and “GREAT WHITE WINES” may be unique. When coupled with the images of three horses or a great white shark, the names become unforgettable:

Most people hearing the word “trademarks” think of words that indicate a source or company, such as “GALLO,” “KENDALL-JACKSON,” and others. Without trademark protection, no business, be it winery, vineyard or other business, would be identifiable to buyers. Specifically, the mark is what a buyer remembers and looks for the next time the same product is desired. Logos, one type of trademark, can be used alone, or in combination with words.

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Is Your Wine’s Label Properly Cleared?

Copyrights cover a work, such as a picture, a painting, a literary work or a video, and trademarks cover a word, slogan, phrase, logo, image, or sound when used in connection with a good or service, such as wine or clothing. Although copyright and trademark can appear to overlap, they are separate and distinct types of protection. Ownership of a copyright on an image does not mean you own that image as a trademark, and ownership of a trademark that uses an image does not mean you own a copyright on the image.

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