Articles by: Katja Loeffelholz

Katja Loeffelholz to Present at Oct. 12 California Women Lawyers In-House Counsel Retreat

DPF’s Katja Loeffelholz will be presenting on a panel called “A Year of Resilience:  True Stories of Napa Valley Businesses Affected by the 2017 Napa/Sonoma Fires.”  The Program Retreat will be held at the Meritage Resort and Spa on October 12, 2018, and will include the opportunity to network with a diverse group of women in-house […]

Protecting Wine Brands in Central America, South America and the Caribbean

The growth of trademark applications in Latin America continue to climb.  Recently, we have noticed an increase in Latin America trademark filings for wine brands that are identical or confusingly similar to our client’s U.S. brands.  These have NOT been instances of brand hijacking. These are cases where the identical or similar brand has sought […]

THIS BUD IS NOT FOR YOU

In a recent precedential case before the Trademark Trial and Appeal Board, the fame of the trademark BUD for beer owned by Anheuser-Busch, LLC (Anheuser) played a dominant role in the Board’s finding a likelihood of confusion between BUD for beer and WINEBUD for wine (and other alcoholic beverages). The Board found that Anheuser’s evidence […]

Trademark Protection for Vineyard Brands

The June 2014 issue of Practical Winery & Vineyard features an article by DP&F’s Katja Loeffelholz titled “Branding Agricultural Commodities.”  The articles provides growers with a detailed summary of the importance of protecting their vineyard’s brand. You can access the article by clicking on the image below. For more information on how you can secure trademark rights, please […]

Loeffelholz / Trinidad on Wine Labeling Legal and IP Issues

Wine Business Monthly recently published an article by DP&F attorneys Katja Loeffelholz and John Trinidad on wine labeling legal and intellectual property issues. You can access the article using the following link: “Avoiding Label Approval Issues” (Published with the permission of Wine Business Monthly).

Trends in Wine Package Design

Practical Winery & Vineyard recently published an article written by Dickenson, Peatman & Fogarty attorney Katja Loeffelholz. Katja’s article “What’s trending, how to capture it” discusses how technological advancements have permitted an evolution in wine labels, bottle shapes, closures and packaging designs. One wine bottle can contain several protectable elements. Word mark, logos/images, taglines/slogans, color, […]

Branding Strategies in Agricultural Commodities: Vineyard & Block Designates

By Katja Loeffelholz, Dickenson, Peatman & Fogarty The prominence of vineyard-designated wines is another lesson in value-added agricultural branding which presents both the winery and the vineyard owner or lessee with a number of marketing and legal issues. Recognizing the value of vineyard designated names, vineyards have long been designating blocks within their vineyards with […]

Exporting Wine to China Seminar – Part II

New Chinese Trademark Law – Effective May 1, 2014 For decades, China has been criticized for shielding “trademark hijackers” – individuals or entities who have registered well known U.S. marks in China despite having no affiliation with that brand. If a winery failed to apply for their trademark in China often it was not too […]

Highlights from UC Hastings College of the Law LL.M. Program Napa Valley Tour

Dickenson, Peatman & Fogarty attorney W. Scott Thomas arranged a special tour of the Napa Valley for about 40 University of California, Hastings College of the Law LL.M. degree candidates from around the globe. The tour included an amazing tasting experience at Schramsburg Vineyards -America’s House of Sparkling Wine, and a catered lunch and tasting […]

Comparing Apples and Grapes; Not the Same for Trademarks

In most all cases that come before the United States Patent and Trademark Office Trademark Trial and Appeal Board (Board) involving relatedness of wine and other beverages, both alcoholic and non-alcoholic alike, the Board almost always finds the goods to be related for purposes of its likelihood of confusion analysis.  A likelihood of confusion analysis involves […]

Exporting Wine to China Seminar Report – Part I

Dickenson, Peatman & Fogarty attorney Katja Loeffelholz, a registered attorney with the United States Patent and Trademark Office, recently presented at The Seminar Group’s “Exporting Wine to  China” program on “Protecting Intellectual Property.”   China represents the single largest growth opportunity for wine producing countries around the world.   China is a brand driven market.  So what are […]

Wine & Trademark Law: Creating, Protecting & Building Equity in Your Wine Brand

Dickenson, Peatman & Fogarty attorney Katja Loeffelholz, a registered attorney with the United States Patent and Trademark Office, recently presented “Creating, Protecting & Building Equity in your Wine Brand” at the Wine Industry Forum.  You can download a copy of Ms. Loeffelholz’s presentation here:     The presentation provides an introduction and overview of trademark […]

Gallo Drops the Bomb, Sues Grenade Energy Drink Co. for EL GALLO and EL GALLITO Trademarks

E & J Gallo Winery (Gallo) has sued Grenade Beverage LLC (Grenade) for trademark infringement seeking an injunction as well as monetary damages.  Gallo owns federal trademark registrations for GALLO covering wines.  Gallo also utilizes a rooster on its wine label.  In addition to wine, Gallo sells other alcoholic beverages such as brandy, tequila, vodka, […]

USPTO Finds Trademark CHAMPARTY Not Confusingly Similar to CHAMPAGNE Appellation

Comite Interprofessionel du Vin de Chamagne (CIVC) and Institut National de l’Origine et de la Qualite (INAO) who under French law are charged with controlling, promoting and protecting the common law certification mark CHAMPAGNE, opposed the registration of the mark CHAMPARTY for “alcoholic beverages except beers.”  CIVC/INAO argued that the marks CHAMPAGNE and CHAMPARTY are […]

A Hit Like a Ton of BRIX – Trademark Office Protects Restaurant’s Rights in BRIX Trademark

One of the many benefits of obtaining federal trademark or service mark protection is that the Trademark Office will prevent registration of marks which are confusingly similar.Yountville Partners, Inc., simply by registering its marks BRIX and BRIXX for restaurant and bar services, was successful in preventing the registration of the marks BRIX WINE CELLARS, BRIX […]