Case Overview: Bullshine Distillery LLC v. Sazerac Brands, LLC

United States Court of Appeals for the Federal Circuit, Nos. 2023-1682, 2023-1900 (Decided March 12, 2025)

In this consolidated appeal from the Trademark Trial and Appeal Board, the Federal Circuit determined the timing requirements for analyzing genericness as a matter of first impression. The court affirmed the TTAB's holding that FIREBALL is not generic and that there is no likelihood of confusion between Sazerac's FIREBALL mark and Bullshine's BULLSHINE FIREBULL mark. Bullshine sought to cancel several of Sazerac's FIREBALL trademark registrations for being a generic term for cinnamon-flavored alcoholic drinks. Sazerac, on the other hand, opposed Bullshine's attempt to register the mark BULLSHINE FIREBULL, claiming a likelihood of confusion with its FIREBALL brand.