Intellectual Property Law

Redmond's Black Raven Brewing Company Loses TTAB Fight with Winery

By Michael Atkins

BeauxKat’s (left) and Franciscan’s raven logos

Redmond, Wash.’s BeauxKat Enterprises, LLC, filed an intent-to-use application to register BLACK RAVEN BREWING COMPANY as a trademark with the Patent and Trademark Office for beer with “brewing” and “company” disclaimed.

Franciscan Vineyards, Inc., opposed on an alleged likelihood of confusion with its prior registrations for RAVENSWOOD, RAVENS WOOD, RAVENS, RAGIN’ RAVEN, and a stylized raven bird design for wine, clothing, and sauces.

On June 21, the Trademark Trial and Appeal Board sustained the opposition.

“We find that the du Pont factors, on balance, weigh in favor of a finding of likelihood of confusion. We conclude that consumers familiar with opposer’s wine sold under the mark RAVENS, would be likely to believe, upon encountering applicant’s mark BLACK RAVEN BREWING COMPANY for beer, that the goods originate from or are associated with or sponsored by the same entity.”

The Seattle-based Brewery Log Blog calls the decision “somewhat of a travesty,” noting the TTAB continues to lump beer and wine together, which could cause problems for both industries.

“This country has a glut of wine and beer producers,” it argues. “Many have extremely similar names (i.e. Stone Cellars v. Stone Brewing; Fat Cat Beer v. Red Cat Wine; Sea Dog, Laughing Dog, Lazy Dog, Spotted Dog and [a] whole mess of other dog breweries and wineries). This could open the floodgates for more challenges in between these two industries.”

Well, I wouldn’t say floodgates, and I question the precedential value of the decision, but TBLB’s point is well taken. And props for watching the TTAB!

The case cite is Franciscan Vineyards, Inc. v. BeauxKat Enterprises, LLC, Opposition No. 91181755 (TTAB June 21, 2010).

Full post as published by Seattle Trademark Lawyer on June 24, 2010 (boomark / email).