#FACTORY DIRECT CRAFT TRIAL#

The court also found, in an issue it had never addressed, that the brewery didn't have standing to appeal its challenge to BBS' trademark application for cleaning preparations because it didn't make or sell competing goods and wouldn't be injured by the registration. 'BREW SHOP does not conjure up an image of a 'beer-making kit' specifically,' Dyk said, noting a 'brew shop' could sell other goods like brewing equipment, testing devices and ingredients. The court also accepted the board's finding that the brewery's evidence wasn't strong enough to show inevitable confusion.Дyk, like the board, was also unconvinced by the brewery's argument that BBS' registered trademark wasn't protectable because it describes the goods it sells. 'It is not clear that any further analysis was required to reject an inevitable confusion claim.' 'Although the marks BROOKLYN BREWERY and BROOKLYN BREW SHOP are substantially similar, they are not nearly identical, nor are the goods,' Dyk said. Circuit Judge Timothy Dyk, joined by Circuit Judges Kathleen O'Malley and Todd Hughes, agreed with the TTAB in rejecting most of the brewery's challenges.Дyk said the confusion claims were time-barred unless the brewery could prove that BBS' name would cause 'inevitable confusion,' and that it didn't meet this standard.

#FACTORY DIRECT CRAFT TRIAL#

The Trademark Trial and Appeal Board ruled for BBS last year, and the brewery appealed. Patent and Trademark Office in 2015 to cancel the 2011 trademark and reject the new application, arguing they would cause confusion and weren't eligible for trademark protection because they simply described BBS' goods. Brooklyn Brew Shop, founded in 2009, sells home-brewing kits and accessories.Д«BS registered a federal trademark in its name for beer-making kits in 2011, and applied to register a trademark for a stylized version of the name in 2014 for beer-making kits and 'sanitizing preparations' for them.Д«rooklyn Brewery petitioned the U.S. The brewery and its attorney John Dabney of Snell & Wilmer didn't immediately respond to a request for comment.Д«rooklyn Brewery has been selling craft beer under its name for over 30 years throughout the U.S. Its attorney Sean Marshall of Hoffman Marshall Strong said the ruling was a 'well-deserved victory' for his client. Patent and Trademark Office to reconsider the application on other grounds.Д«BS co-founder Stephen Valand said he was 'very pleased' with the decision. Court of Appeals for the Federal Circuit let stand Brooklyn Brew Shop LLC's federal trademark for beer-making kits under its name and allowed a related application to proceed despite the brewery's allegations, but told the U.S. appeals court on Wednesday rejected Brooklyn Brewery Corp's bid to cancel a home-brewing kit maker's trademark that the craft brewer said could confuse consumers. We welcome feedback, which you can provide using the feedback tab on the right of the page. We are improving this feature as we continue to test and develop in beta. The company and law firm names shown above are generated automatically based on the text of the article. Court remanded for new findings on trademark application.Brewery didn't prove existing trademark was unprotectable.Brewery failed to show 'inevitable confusion' from home-brewing mark.

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