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  1. #1
    Bourbonian of the Year 2007
    Join Date
    Jan 2003
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    NYC, Louisville, Shenzhen
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    1,599

    Latest Applications to Protect Whiskey Bottle Trade Dress

    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?
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  2. #2
    Bourbonian of the Year 2007
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    Jan 2003
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    NYC, Louisville, Shenzhen
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    Latest Applications to Protect Whiskey Bottle Trade Dress

    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?
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  3. #3
    Bourbonian of the Year 2002 and Guru
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    Sep 1999
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    Chicago
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    12,604

    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    That's an interesting one. Maybe EWSB or Buffalo Trace.

  4. #4
    Advanced Taster
    Join Date
    Jun 2004
    Location
    Seattle, USA
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    239

    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    Design #1 (in the second post) looks exactly like the bottle of Ardbeg 10 (an Islay Scotch) on my shelf.

  5. #5
    Connoisseur
    Join Date
    Jan 2004
    Location
    Baldwin, Maryland
    Posts
    635

    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    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.

  6. #6
    Bourbonian of the Year 2002 and Guru
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    Sep 1999
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    Chicago
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    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    Distillers use "off the shelf" bottles for the most part, but sometimes commission exclusive, proprietary bottle designs.

  7. #7
    Bourbonian of the Year 2004 and Guru
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    Jul 2000
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    Nelson County, Kentucky
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    2,735

    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    Here a pic of our EWSB bottle. It kinda looks like the drawing, but the bottom is different.

    Bettye Jo

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  8. #8
    Bourbonian of the Year 2002 and Guru
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    Sep 1999
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    Chicago
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    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    It's not nice to tease the collectors with a picture of the impossible-to-find 1986 vintage.

  9. #9
    Connoisseur
    Join Date
    Nov 2003
    Location
    Birmingham, AL
    Posts
    540

    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    Impossible unless you are vacationing with Cliff in the islands!

  10. #10
    Connoisseur
    Join Date
    Nov 2003
    Location
    Birmingham, AL
    Posts
    540

    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    Design #1 has got to be BT.

 

 

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