Trademark Hell: Knockin’ on Heaven Hill’s Door

As Trust Tree’s resident bourbon expert* (sorry Bill & G) and Guns N’ Roses fan, I must uncork a post about the trademark dispute between Heaven Hill Distilleries, Inc. and Heaven’s Door Spirits, LLC that recently spilled over into a federal lawsuit. Heaven’s Door is named after the famous song by Bob Dylan, who has […]
9th Circuit in Empire State of Mind

Today, the 9th Circuit Court of Appeals ended Empire record label’s trademark infringement lawsuit against 20th Century Fox Television over the name of the television show “Empire,” on First Amendment grounds. The record label, Empire Distribution Inc., which reps hip-hop artists like Kendrick Lamar and Snoop Dogg (and is not the fictitious record store) had […]
Humvee sues “Call of Duty” Maker Activision for Trademark Infringment

AM General, has sued Activision Blizzard Inc., the maker of the popular video game “Call of Duty” for trademark infringement for using images of its Humvee military vehicles in the game. The Humvee (short for High Mobility Multipurpose Wheeled Vehicles) has been widely used by the US military for years, and is a favorite of barbarian-turned-governer, Arnold Schwarzenegger. […]
Sons of Trademarchy
It is now an undisputed fact that bikers love trademarks. I have twice written about the intersection between outlaw motorcycle clubs and trademark law. First, I wrote about how many of these clubs own and litigate federally registered trademarks. The following week, I wrote about how the feds are trying to use trademarks to stop outlaw […]
Don’t Play with Fireball
If you are from the South and ever leave your house, you’ve heard of Fireball. Fireball is a cinnamon flavored whiskey distilled by Sazerac. In addition to being a great drink to sneak into football games on cool, fall days, it’s also replaced Jägermeister as the go-to drink for your buddy who buys everyone shots when everyone’s already had […]
North Coast Brewing Sues Corsair Over Old Rasputin Trademark
The legendary Rasputin is synonymous with a variety of immoral and evil practices. You wouldn’t normally build a brand around a guy known as the “Mad Monk,” but that didn’t stop North Coast Brewing from naming a beer after him or Corsair Artisan Distillery from naming a whiskey after him. North Coast Brewing’s Old Rasputin beer is supposedly well regarded in craft beer […]