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  1. #1
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    Is there a trademark issue here?

    Is there a trademark issue here?
    If so, who sends the cease and desist order first, and who wins?

    http://www.lockstockandbarrelspirits.com/
    OR
    https://www.stillwatersdistillery.com/stalkandbarrel/
    "Old guys tend to say it like it is." squire

  2. #2
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    Re: Is there a trademark issue here?

    Which one was registered first?
    We're Bourbon Geeks, it's who we are, it's what we do.

  3. #3
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    Re: Is there a trademark issue here?

    Don't know.
    Would the first to register have a case against the other?
    "Old guys tend to say it like it is." squire

  4. #4
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    Re: Is there a trademark issue here?

    I don't see the labels as being that similar and I doubt either entity is interested in an expensive legal fight over brands that have yet to be established in the market.
    Last edited by squire; 11-21-2013 at 07:09.
    We're Bourbon Geeks, it's who we are, it's what we do.

  5. #5
    Bourbonian Of The Year 2013 and Guru
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    Re: Is there a trademark issue here?

    Quote Originally Posted by squire View Post
    I don't see the labels as being that similar and I doubt either entity is interested in an expensive legal fight over brands that have yet to be established in the market.
    You're probably right, but their lawyers being lawyers, will see the billable hours dollar signs, and try to prod them into one, regardless...
    JOE

    Wag more.
    Bark less.

    "Every bottle is its own learning experience." -- Sensei Ox-sama

  6. #6

    Re: Is there a trademark issue here?

    Trademark priority in the US is based on first use. Thus, if one company was the first to use the mark in commerce then it has priority over the other company. Based one what you've shown, assuming that these are separate companies and there is no license between them, there is a problem because consumers seeing one product will assume there's a relationship between the two upon seeing the second product (even though the bottles are different, the names are very similar and they're related products). Finally, if the first user was only using the trademark in a limited geographical area, then the filing of a trademark registration by the second company might give it national rights over the first company in other geographical areas.

  7. #7
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    Re: Is there a trademark issue here?

    Different looking labels, one is Stalk and one is Stock. Less similar than St. George's English Malt Whisky and St. George's American Single Malt. I'm not an attorney, but there doesn't seem to be much similarity other than homophonic names.
    bibamus, moriendum est
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  8. #8
    Bourbonian Of The Year 2013 and Guru
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    Re: Is there a trademark issue here?

    Quote Originally Posted by Josh View Post
    ...homophonic names.
    Not that there's anything wrong with that...
    JOE

    Wag more.
    Bark less.

    "Every bottle is its own learning experience." -- Sensei Ox-sama

  9. #9
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    Re: Is there a trademark issue here?

    A legal salt lick..... the lawyers are the ones that always win.
    John B

    "Drinking when we are not thirsty and making love at all seasons… that is all there is to distinguish us from other animals."

  10. #10
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    Re: Is there a trademark issue here?

    Hooray for our side.
    We're Bourbon Geeks, it's who we are, it's what we do.

 

 

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