Jim Beam Brands Co. has filed a notice of opposition against an application
filed by Brown-Forman Corp., maker of Jack Daniels®, to trademark
Woodford Reserve Double Oaked, a bourbon product aged in two
charred-oak barrels. Jim Beam Brands Co. v. Brown-Forman Corp.,
Serial No. 86/450,636 (T.T.A.B., notice of opposition filed October 19,
2015).

Jim Beam argues that the “Double Oaked” portion of the proposed trademark
is generic—or at least descriptive—because it “refers to a process
of aging alcoholic beverages in a second oak barrel, which is common in
the industry.” The notice cites descriptions on Brown-Forman’s website
using the terms “double” and “double oaked” to describe the process
of making the product. Jim Beam does not object to the registration of
Woodford Reserve but requests that Brown-Forman disclaim trademark
control of “Double Oaked.”

Issue 583

About The Author

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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