On June 21, successful microbrewer Black Raven Brewing Co. lost a battle to Franciscan Vineyards over its trademark. The wine company holds trademarks for wine and other related products containing the names: "Ravens," "Ravenswood," and "Ragin' Raven."
Franciscan Vineyards first filed their challenge with the United States Patent and Trademark Office's Trail and Appeal Board in January, 2008. Their original argument, that their wine and Black Raven's beer were almost interchangeable, was rejected.
Despite that rejection, the case eventually moved to trial, where Black Raven Brewing Co., lost their trademark. Losing a trademark can be detrimental to the image and success of any company.
For entrepreneurs who choose to purchase a franchise instead of launching an independent business, there may be a good chance of avoiding such a costly dispute. Business owners (or, franchisees) who have the support of a parent company, such as a franchise, will typically have permission to use an established trademark.
If you are involved in a business or franchise and have questions concerning a trademark or your franchisee rights, contact a New York business lawyer who can talk to you about your legal options. It is important that you understand how trademarks work and how to best protect your interests.
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