Say It With Me Now, Australia: Beer And Wine Are Not The Same Thing, Not Even For Trademarks

Say It With Me Now, Australia: Beer And Wine Are Not The Same Thing, Not Even For Trademarks

4 years ago
Anonymous $-9GJQVHNr8

https://www.techdirt.com/articles/20200512/10183544485/say-it-with-me-now-australia-beer-wine-are-not-same-thing-not-even-trademarks.shtml

While I've done a fair share of posts here on the topic of trademarks and the alcohol industries, one of the most frustrating sub-types for those posts is the sort where the dispute exists between one wine maker and one brewery. There appears to be some misconception that alcohol is one big market or industry for the purposes of trademark. While it is true that far too few countries explicitly recognize that wine and beer are different markets in their trademark laws, most of the countries do still have customer confusion as a key test for infringement. And, I feel it's safe to say, the general public can tell the difference between beer and wine, and typically know enough about each's crafters to tell their branding apart.

Now the general public in Australia is facing this test in a way, with a large liquor chain trying to oppose the trademark application for a craft beer gift service over a wine trademark it holds, but doesn't seem to be using.