The Trademark Trial and Appeal Board of the U.S. Patent and
Trademark Office has reversed a refusal to register “The Cannibal”
as a mark for beer to Iron Hill Brewery, finding little likelihood of
confusion between the beer and a restaurant called “The Cannibal
Beer & Butcher.” In re Iron Hill Brewery, No. 86682532 (TTAB,
entered July 28, 2017). The board found that Cannibal Beer &
Butcher failed to show that consumers would be confused by Iron
Hill’s use of “Cannibal” because the beer product that the brewery
provides is different from the restaurant services provided by
Cannibal Beer & Butcher. “In light of the large number of
restaurants in the United States, the facts that a single mark is
sometimes used [to] identify restaurant services and beer, that
some restaurants are associated with breweries, and that
restaurants may sell beer are not sufficient to establish a
relationship between restaurant services in general and beer,” the
board held.


Issue 643

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.