Don t Brew Up Trouble: Trademark and Advertising Issues in the Craft Beverage Industry
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1 Intellectual Property Don t Brew Up Trouble: Trademark and Advertising Issues in the Craft Beverage Industry LIVE Friday, September 16, 2016 The Millroom at Asheville Brewing Co. 66 Asheland Avenue, Asheville CLE CREDIT: 3.0 Hours UPDATES & REGISTRATION Planned by the NCBA Intellectual Property Law Section SUMMARY: This program provides a brief overview of trademark and advertising basics and an in depth look at how these legal issues play out in the craft beverage industry. Discussion includes insights regarding the current views on craft beverage branding and labeling by the U.S. Patent and Trademark Office (USPTO) and the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB). At this program: Beer City s only board certified trademark specialist discusses likelihood of confusion in examination of trademark applications before the USPTO, real life disputes and coexistence agreements The professor of brewery law at the Craft Beverage Institute of the Southeast and attorney for the Asheville Brewers Alliance speaks to federal labeling regulations, including discussion of the impact of In re Tam on craft beverage labeling One of the most talked about craft brewing trademark disputes, the opposition proceeding before the Trademark Trial and Appeal Board between Bell s Brewing (Kalamazoo, Michigan) and Innovation Brewing (Sylva, NC), is right in our backyard. Hear from the owner of Burial Brewing, who is also one of the attorneys representing Innovation Brewing, as this dispute continues to head toward trial
2 Don t Brew Up Trouble: Trademark and Advertising Issues in the Craft Beverage Industry #554BLP Friday, September 16, 2016 FOUR WAYS TO REGISTER ONLINE* PHONE* FAX* MAIL** Attn: Accounting, NCBA Foundation, P.O. Box 3688, Cary, NC *Credit cards only. **Please make checks payable to the NCBA Foundation. TUITION LIVE Select format and tuiton rate below. REGISTRANT TYPE EARLY BIRD TUITION Received one week prior to program date. REGULAR TUITION Received less than one week prior to program date. NCBA Intellectual Property Law Section Member $165 $215 NCBA Member Paralegal Division Member Non-member Full-time LANC Attorney (NCBA Member) $185 $235 $125 $175 $235 $285 $125 1st Year Licensed in NC These categories do not (NCBA Member) qualify for Early Bird tuition. $99 CLE Passport Holder 3 tokens SELECT ONE (if applicable) Judge (NCBA Member) Clerk of Court (NCBA Member) Law Professor (NCBA Member) SELECT ONE (if applicable) Law Student Division Member Paralegal Student Member These categories do not qualify for Early Bird tuition or include any MCLE fees. $75 $25 REGISTRANT INFORMATION Please print clearly. Print Full Name: 554BLP-B Firm/Organization Name: Address: City, State and ZIP: Daytime Phone Number: Address: NC State Bar No. (Required for MCLE Credit): PAYMENT Registration is processed only after payment is received. Please print clearly. Enclosed is a check, payable to the NCBA Foundation. Please charge my credit card. Card Number: Expiration Date: Total Amount: Signature:
3 Program Agenda Friday, September 16, 2016, 1:15 5:00p 1:15p Registration 1:50 Welcome and Introductions 2:00 Craft Beverage Trademark Law 101 Rebecca E. Crandall While trademark attorneys are well-versed in the elements of likelihood of confusion, there are some nuances relating to craft beverage marks. An attorney for several Western North Carolina craft brewers discusses insights regarding examination of craft beverage trademark applications before the USPTO. She also discusses examples of how likelihood of confusion disputes have played out, including discussion of coexistence agreements. 3:00 Craft Beverage Labeling 101 Robert F. Rick Jackson There are potentially three hoops that every craft beverage producer must jump through related to label approval: USPTO, TTB and ABC (or equivalent state-level authority). A professor at the Craft Beverage Institute of the Southeast gives an overview of the main elements of an alcoholic beverage label, as well as common mistakes made when seeking label approval from TTB. He also compares and contrasts the brand-approval requirements of the USPTO with the label-approval requirements of the TTB and explores the potential impact of In re Tam on craft beverage labeling. 4:00 Craft Beverage Trademark Law: In the TTAB Trenches with Innovation Brewing Douglas S. Reiser The craft beer world has become one of collegiality and teamwork. Trademark disputes are becoming more often resolved by the beer managers, not the lawyers. But every once in a while, a perfect marriage of factors prevents coexistence of brand owners. The dispute between Bell s Brewery and Innovation Brewing has the possibility of becoming the first craft v. craft trademark trial. Beyond the legal briefs, this dispute is capable of having a lasting impact on the overall craft industry brand, and perhaps is a sign of things to come. Part of the legal team for Innovation Brewing discuss the current state of brewery to brewery disputes and some of the details of this very public proceeding. 5:00 Adjourn The CLE is followed by a happy hour at the Millroom (CLE venue) and an informal group dinner for interested attendees. We extend our sincere gratitude to the NCBA Intellectual Property Law section, and the planners and speakers who volunteer their time and expertise toward the goal of presenting an educational program of the very highest quality.
4 Program Information Planners Rebecca E. Crandall, McGuire Wood & Bissette, Asheville Brian M. Davis, VLP Law Group LLP, Charlotte Sarah E. Nagae, Triangle Trademarks, Raleigh Speakers Rebecca E. Crandall, McGuire Wood & Bissette, Asheville Robert F. Rick Jackson, McGuire Wood & Bissette, Asheville Douglas S. Reiser, Reiser Legal PLLC, Seattle, WA Hotel Information No room block has been reserved for this event. FINE PRINT REGISTRATION Registrations are limited by space, and may include a live video broadcast overflow room. TRANSFERS Registrants may transfer from a Live program, Video Replay, Webcast, Webinar or Phone/Audio Streaming Program without penalty within three business days after the program date. CANCELLATIONS Cancellations must be received by 9:00 a.m. the third business day prior to the program to qualify for a refund (less $75 administrative fee). Those not attending will receive the digital program materials in full consideration of tuition paid. MCLE CREDIT The North Carolina Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. Each attorney must maintain a record of his/her attendance for the NC State Bar annual report. MCLE credit is reported by NCBA Foundation only if a NC State Bar number is provided. Your CLE tuition includes mandatory State Bar fees used to support the State Bar s Mandatory Continuing Legal Education program, the Chief Justice s Commission on Professionalism and the Chief Justice s Equal Access to Justice Commission. Your tuition also includes digital access to all program materials. DIGITAL PROGRAM MATERIALS You will receive a notification when digital materials are available to download. To retrieve digital materials, log in and select Your Course Materials on the CLE website. All of the materials for this program will be available for download in advance of the program. VIDEO REPLAYS To qualify for the Early Bird tuition, registration must be received one week prior to program date. NC State Bar rules require a minimum number of preregistered active State Bar members. The NCBA Foundation reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Some sites require additional registration or evaluation forms. Visit to confirm video replay registration and program start times. CLE credit hours at Video Replays are subject to change. Video replay program attendees may purchase the printed manuscript at cost. Due to printing and shipping lead times we are unable to accommodate requests for print materials made fewer than seven (7) days prior to any video replay program. INCLEMENT WEATHER We make every effort to notify registrants when a program is canceled or delayed due to weather. If inclement weather is forecast, please check your local news listings or contact event venue. NCBA programs will follow the work schedule of the hosting institutions, to include delayed openings. CLE SCHOLARSHIPS A limited number of scholarships are available to members in financial need. Contact Membership Services at or akemple@ncbar.org. EVENT SPONSOR AND EXHIBITOR OPPORTUNITIES Interested in meeting the attendees of this program? Become an exhibitor or sponsor! Contact Jennifer Shapiro at CLESponsorship@ncbar.org for detailed information about these opportunities and their benefits. FOR MORE INFORMATION, VISIT WWW. NCBAR.ORG/CLE.
5 P.O. Box 3688 Cary, NC Nonprofit Org. US Postage PAID Raleigh, NC Permit #297 Intellectual Property Don t Brew Up Trouble: Trademark and Advertising Issues in the Craft Beverage Industry LIVE Friday, September 16, 2016 The Millroom, Asheville CLE CREDIT: 3.0 Hours UPDATES & REGISTRATION BECOME A CLE EVENT SPONSOR for one of our award-winning CLE programs. Contact Jennifer Shapiro, Sponsorship Development Coordinator, at or jshapiro@ncbar.org for compete information.
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