American Beverage Corp., which sells alcohol cocktails under the “Darty” mark, has filed a notice of opposition to Boston Beer Co.’s application for a “Day Party” mark for beer. Am. Bev. Corp. v. Boston Beer Corp., No. 91239170 (T.T.A.B., notice filed January 29, 2018). The notice asserts that the “colloquial meaning of DARTY is ‘Day Party.'” American Beverage claims priority in filing and first use date, and the notice alleges that the goods are so similar as to cause consumer confusion about their source.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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