Reports on Production, Shipping, Consumption: The Consensus is Growth

Various end of year reports highlight the steady growth in the wine industry, whether in consumption, production or shipment.  Silicon Valley Bank's 2015 Wine Report is always a good resource for trends, predictions and overview of the state of the wine industry.  Notably, the report states that "In 2014, we predicted sales growth of 6–10 percent and expect to end in the upper end of that range, if not a percentage point or two above it" and "2015 looks like a breakout year."  

Likewise, ShipCompliant's annual report, according to The North Bay Business Journal, notes that "U.S. wineries, led by those in Napa and Sonoma counties, last year shipped the equivalent of 3.95 million 9-liter cases to consumers, taking in $1.82 billion . . . That’s up 13.6 percent by volume and 15.5 percent by value, and the most expensive wines had the most growth. The average price of a bottle shipped rose 1.6 percent to $38.40."

Wines & Vines 2015 Directory & Buyer's Guide also notes an increase in the number of US wineries and that "U.S. wineries grew in case production by 5.6%."

A 2014 Legal Booze Cruise

This trademark blog post by David Kluft at Foley & Hoag provides a good overview of 2014 legal proceedings involving the beer, wine and spirits industries.  Some interesting cases involving foreign equivalents, descriptive goods, counterfeit wine, trade dress, double entendres and, of course, likelihood of confusion.

Not surprisingly, looks matter. But so does taste.

Gallo published its first wine trends survey, entitled Top 10 Snapshots of the American Wine Consumer.  Good graphics and numbers, including that "2/3 of wine drinkers selected a wine for its label, particularly younger wine drinkers. However, 76% of wine drinkers declare that exceptional taste is ultimately what keeps them coming back for more."  Not surprising, although the following stat is: 46% of "younger" wine drinkers drink wine over ice?!

U.S. Patent & Trademark Office's opposition & cancellation statistics

Reading the USPTO's statistics regarding its trademark and opposition proceedings filed each quarter may not be a page-turner but it does provide some interesting insight on a few trends: in 2014, trademark oppositions filed with the Trademark Trial and Appeal Board (TTAB) increased by 4.4 percent (5,509 filed) from 2013 and trademark cancellations filed increased by 13.8 percent (1,722 filed) from 2013. While the TTAB's total case load decreased (i.e. the number of cases decided in 2014 decreased by 20.6%), its productivity increased insofar as the average total pendency of cases that proceeded to trial was reduced to 165 weeks (from 189 weeks in 2013). This may seem high but is partly due to the fact that cases often suspended due to discovery or settlement negotiations. The average appeal from commencement to completion is approximately 43 weeks.  In short, all these numbers reveal that trademark owners are increasingly defending and protecting their valuable trademarks.  

EU-US Trade Negotiations and Use of "Champagne," "Port," etc. on Wine

This November 16, 2014 article in the Press Democrat highlights the importance of the concept that “Wine is the ultimate product of place.”   Also a good overview on US-EU wine sales, noting that the EU "produces 60 percent of the world’s wine" and the US "is the second-largest region with about 10 percent of global production, with California making about 85 percent of the American output." 

Brewing new names for new breweries

This article by NUVO, a food and drink blog on October 30, 2014 highlights the importance of branding in the brewing industry, noting that there are over "3000 breweries developing and naming new beers all the time."  Fun fact: the first trademark was registered in 1876 in the UK for Bass Pale Ale.

The Vintner's IP Overview: Part II

The second segment of this Wines & Vines article on October 28, 2014 focuses on more common IP issues for wineries: copyrights for wine label artwork and trademarks for brand names.  An important thing to remember, as the author notes, is that protecting your intellectual property rights "demands vigilance."

A Vintner's Intellectual Property: An Overview

Vintners usually think about their intellectual property as solely their wine brand.  This Wines & Vines October 21, 2014 article provides a nice summary of other forms of intellectual property to protect, including trade secrets (e.g., a Chardonnay formula, manufacturing processes) and patents (e.g., methods of fermentation and purifying compounds from plants).  

Beer v. Wine: The naming wars

Great article by Euegene Pak on JD Supra on October 20, 2014 detailing the Patent & Trademark Office's approach to viewing beer and wine as related goods when refusing a trademark application for a beer with a similar name as a wine, and the flaws in that approach.  To support its position that beer and wine are "closely-related," the USPTO claims evidence of companies that produce both beer and wine under the same house mark.  However, Pak notes that it is in fact uncommon for a company to make both beer and wine.  

Avoiding Trademark Scams

Many of our clients ask us to review correspondence they receive regarding their trademark applications, especially those that appear "official" and seek money for various services.  These are scams.  As this June 5, 2014 National Law Review article points out, these types of solicitations are usually generated after your application becomes public record.  These solicitations are getting more common and more creative.  The USPTO has put together a helpful list of common examples of non-USPTO Solicitations that may resemble official communications.  As always, let us know if you have any questions on the validity of any correspondence you receive regarding your trademark.

Number of US wineries reaches all-time high

Wines & Vines Sept 15 article notes that "the number of U.S. wineries has just passed 8,000 for the first time" with Oregon having the largest percentage increase in wineries during the past year. The report shows other interesting trends, including a 17% increase in direct-to-consumer shipments from U.S. wineries since last year, increased winery hiring and the growth of flash sales. 

Global Trademark Filing Trends

July 22, 2014 National Law Review article summarizes a 2013 report that provides an overview of trademark activity in 186 countries.  The report notes an increase in international trademark filings, especially in China, India, Mexico and Taiwan. "The statistics may also highlight a growing awareness of the toll counterfeiting inflicts on the bottom line. Timely registration of key marks in developing markets is an important first step in stemming the flow of counterfeit products manufactured abroad."