Trademark Board Sued for Vodka, Blue Agave Liquor Mark Denial

The US Patent and Trademark Office’s Trademark Trial and Appeal Board decision to deny registration of the mark, “Ignite,” to a company distributing vodka and blue agave liquor because of its potential for confusion with a similar whiskey mark is being challenged in federal court.

The plaintiff, Ignite International Ltd., told the US District Court for the Eastern District of Virginia that its proposed mark for its vodka and blue agave liquors won’t cause consumer confusion with the “Ignite the Nite” mark for “whiskey-based liqueurs.” “Ignite the Nite” isn’t inherently distinctive, the complaint says. "[I]t is a descriptive tagline and, ...