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Barrel_Proof
07-12-2004, 18:44
The latest application to protect trade dress in a whiskey bottle design in this one. The trade dress application was filed as an "Intent to Use" application by a distiller known to us all. For ready reference, call this "Design 2."

As long as the examiner assigned finds it distinctive enough to be capable of distinguishing the whiskey products coming from one whiskey source, it will be "Published for Opposition" and anyone (read, other distilling companies) can, then, oppose on one or more grounds. For example, a competitor could oppose on the basis that the design is confusingly similar to a trade dress that has become distinctive of its distilling company.

Any guesses which company filed this Intent to Use application?

Barrel_Proof
07-12-2004, 18:47
Here is the other bottle design for which this company has sought trade dress protection in recent weeks. It, too, was filed as an "Intent to Use" application. For ready reference, call this "Design 1."

Ain't this fun?

Paradox
07-12-2004, 18:48
Just a thought, but that bottle looks like a Gentleman Jack bottle to me...

bobbyc
07-12-2004, 18:59
design 2 looks like Old Charter and design 1 looks like Buffalo Trace, to me anyway.

Paradox
07-12-2004, 19:01
You're right Bobby, I do see BT and OC similarities in them. Good eye!

Barrel_Proof
07-12-2004, 19:10
And this is the third most recent whiskey bottle design over which trade dress protection has been sought with the USPTO.

This one, however, comes from another distilling company, though no less known to us all!!!

TNbourbon
07-12-2004, 19:12
Ditto Bobby. Of course, Old Charter is now a Buffalo Trace product, so we're talking about the same folks.

TNbourbon
07-12-2004, 19:15
That's Barton's infamous and nefarious '1792 Ridge(wood)mont 1792' -- or whatever the heck it is today.

TNbourbon
07-12-2004, 19:18
Seems just a little ironic, doesn't it, that after being found guilty of trademark violation with this brand, now they're seeking trademark protection for it?
I guess that's called learning from your mistakes.

Barrel_Proof
07-12-2004, 19:22
They are just capitalizing on the fact that the judge specifically ruled that the trade dress was NOT confusingly similar.

angelshare
07-12-2004, 19:26
Design #2 - This reminded me most of Dickel at first glance.

cowdery
07-12-2004, 23:57
That's an interesting one. Maybe EWSB or Buffalo Trace.

clayton
07-13-2004, 08:43
Design #1 (in the second post) looks exactly like the bottle of Ardbeg 10 (an Islay Scotch) on my shelf.

dgonano
07-13-2004, 09:15
Sure does look like Old Charter and Buffalo Trace. But aren't most of the bottles designed by third party outfits who sell similar packaging to various distillers.

brendaj
07-13-2004, 09:53
Cliff,
Great thread!
So...didn't Ridgewood Reserve have to go thru this 'Intent to Use' process in the beginning of their brand as well? Or, did they somehow by-pass this step? Seems to me that this is the stage to raise your hand, if you have a problem with the competition... http://www.straightbourbon.com/forums/images/graemlins/skep.gif


"Published for Opposition" and anyone (read, other distilling companies) can, then, oppose on one or more grounds


Did BF have an opportunity to review the RR bottle beforehand?
Bj

cowdery
07-13-2004, 17:45
Distillers use "off the shelf" bottles for the most part, but sometimes commission exclusive, proprietary bottle designs.

tlsmothers
07-14-2004, 10:40
Regarding Design #2, at first glance I thought of OGD but the OGD bottles don't have that scalloping at the bottom, just on top, just like Old Taylor. The Gentleman Jack bottle has this design, but seems a bit shorter & squatter than this drawing.

tlsmothers
07-14-2004, 10:44
Design #1 has got to be BT.

boone
07-14-2004, 11:04
Cliff,

It's the Barton Brands LTD. 1792 bottle http://www.straightbourbon.com/forums/images/graemlins/grin.gif.

http://www.straightbourbon.com/forums/images/graemlins/grin.gif http://www.straightbourbon.com/forums/images/graemlins/grin.gif I know I have the right answer. I am one of the lucky winners http://www.straightbourbon.com/forums/images/graemlins/grin.gif http://www.straightbourbon.com/forums/images/graemlins/grin.gif

Now where's my prize http://www.straightbourbon.com/forums/images/graemlins/grin.gif http://www.straightbourbon.com/forums/images/graemlins/skep.gif http://www.straightbourbon.com/forums/images/graemlins/grin.gif

http://www.straightbourbon.com/forums/images/graemlins/grin.gif http://www.straightbourbon.com/forums/images/graemlins/grin.gif Bettye Jo http://www.straightbourbon.com/forums/images/graemlins/grin.gif http://www.straightbourbon.com/forums/images/graemlins/grin.gif

boone
07-14-2004, 11:23
Here a pic of our EWSB bottle. It kinda looks like the drawing, but the bottom is different.

http://www.straightbourbon.com/forums/images/graemlins/grin.gif http://www.straightbourbon.com/forums/images/graemlins/grin.gif Bettye Jo http://www.straightbourbon.com/forums/images/graemlins/grin.gif http://www.straightbourbon.com/forums/images/graemlins/grin.gif

cowdery
07-14-2004, 13:36
It's not nice to tease the collectors with a picture of the impossible-to-find 1986 vintage.

tlsmothers
07-14-2004, 14:51
Impossible unless you are vacationing with Cliff in the islands! http://www.straightbourbon.com/forums/images/graemlins/lol.gif

Barrel_Proof
07-14-2004, 17:44
Here is the other bottle design for which this company has sought trade dress protection in recent weeks. It, too, was filed as an "Intent to Use" application. For ready reference, call this "Design 1."

Ain't this fun?



Well, gang, I erred. In my haste to post these latest applications to obtain whiskey bottle trade dress protection, I stated that the application to register Design 1 was filed as on an "Intent to Use" basis. In fact, it was filed based on actual use in commerce, which was stated to have first been on June 10, 1999.

OneCubeOnly
07-14-2004, 18:20
Pretty close:

Barrel_Proof
07-14-2004, 18:37
Close, indeed, but since the application was based on actual use, why not apply for the one and same bottle design actually used?

The Buffalo Trace bottle in use does, indeed, vary --albeit slightly-- from the drawing submitted by Sazerac to the USPTO.

Did Sazerac bottle another whiskey in a bottle more similar to the drawing? Does that explain the variance? I suspect not. I bet the drawing submitted to the USPTO was the one presented to the bottle manufacturer, but that the BT bottle ultimately produced and used in commerce differed, as illustrated in the previous post.

Ain't this fun?

OneCubeOnly
07-14-2004, 18:47
There's a similar variance if Dave's Dickel guess was correct for the other design. Note that on the true bottle the facets don't extend down into the label:

dgonano
07-14-2004, 20:57
Didn't Cliff infer that both design #1 and design #2 were submitted by the same distiller?

OneCubeOnly
07-14-2004, 21:09
Didn't Cliff infer that both design #1 and design #2 were submitted by the same distiller?



I thought so, but he's being cleverly cryptic! http://www.straightbourbon.com/forums/images/graemlins/smirk.gif

The only Buffalo Trace bottle that even comes close is Old Charter, but it's a pretty big departure from the drawing. The Van Winkles have the long neck, but no fluting, so I guess I have NO idea! http://www.straightbourbon.com/forums/images/graemlins/confused.gif

Barrel_Proof
07-14-2004, 21:21
Design 2 was, indeed, applied for by Sazerac (Buffalo Trace's parent company), on an "Intent to Use" basis.