Check out Ross’ latest article, titled: Worry Wort: A Path to Acquiring Trademark Rights in the Craft Brewing Industry. It appears in Volume XXIV, Book 4 of the Fordham Intellectual Property, Media & Entertainment Law Journal.

http://iplj.net/blog/wp-content/uploads/2014/07/C04_Appel_R1.pdf

The article discusses the manner in which trademark law functions, focusing upon the statutory definition of “use in commerce” and related case law developments. It examines the legal framework as it applies in the craft beer context and analyzes an illustrative legal dispute and considers the effect in time, money and frustration that trademark disputes can have on small craft brewery owners.  It also analyzes the early life-cycle of two upstart brewers to demonstrate that rights in a mark must accrue, in certain circumstances, prior to any sales activity.  It further examines the manner in which rights in a mark are acquired in the pharmaceutical industry, where the time from development to marketing launch is often protracted (much like the brewing industry).  It examines legislative intent and case law to show that rights in a mark can be (and have been) acquired based upon pre-sales activity and draws similarities between the industries.  Finally, it will discuss the timing and manner in which craft brewers should acquire rights to their marks.

 

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Journal and Ross Appel.