"Sean Kellogg" <skellogg@u.washington.edu> wrote in message [🔎] 200612061440.56598.skellogg@u.washington.edu">news:[🔎] 200612061440.56598.skellogg@u.washington.edu...
[1] My trademarks prof, who did trademark work for wine companies, really disliked that line of reasoning, since wine consumers are usually of higher sophistication and could distinguish beer from wine. However, the PTOcommonly denied his client's marks on the grounds that a beer company alreadyhad the mark and the international goods category lumped wines and beer together as alcoholic beverages.
I agree that the wine consumers would not be confused, but the average beer drinker might assume that a wine sold under the same name as a beer he know of is made by the manufactures of said beer.