Eagle Rare Unable to Claw Away Eagle Trace in Battle Over Eagle Park. 

Eagle statue

Applicant, Eagle Trace Brewing Company LLC, applied to register the following standard-character marks on the Principal Register: EAGLE PARK DISTILLING for “distilled spirits; alcoholic beverages, except beer” in International Class 33;1 and EAGLE PARK BREWING COMPANY for “alcoholic beverages, namely beer” in International Class 32.

Sazerac Brands, opposed both applications on the ground of likelihood of confusion under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), asserting prior rights in and ownership of marks registered on the Principal Register: EAGLE RARE (standard characters) for “bourbon whiskey” in International Class 33;3 and for “whiskey” in International Class 33.

Despite some similarities, including the presence of the word Eagle in the marks, the Board dismissed the opposition.

Read the USPTO TTAB decision here: 

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Ping® by Adlerlaw Should My LLC Be Taxed As An S Corporation And Why?

It has become customary for many businesses to set up a limited liability company (LLC). Especially when it is a 1 or 2-person business.  Among the many advantages of LLCs are simple default tax classifications: sole proprietor for 1 member, partnership for more than 1 member, also known as “pass-through.” This is the same regardless of the type of member. However, have you asked your lawyer, accountant, or business advisor if it makes sense to simply take the default classification? Small businesses should consider whether making the election to be treated as a “S-corporation” makes sense.

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If you are unsure about the benefits or the choices discussed above, feel free to contact us by email or by calling 1-866-734-2568. For over 27 years, we have guided business owners in this important depiction-making process.