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ARTICLE · 16 AUGUST 2024

Unbranded Brandy: COGNAC Certification Mark Matters, Even In Hip-Hop

McDermott Will & Emery
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The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board's dismissal of Bureau National Interprofessionnel du Cognac's opposition to a trademark application ...

United StatesIntellectual Property
Katherine Pappas
Katherine Pappas
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The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board's dismissal of Bureau National Interprofessionnel du Cognac's opposition to a trademark application filed by Cologne & Cognac Entertainment related to a hip-hop record label. Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment, Case No. 23-1100 (Fed. Cir. Aug. 6, 2024) (Lourie, Clevenger, Hughes, JJ.)

The certification mark COGNAC is protected by two entities: the Bureau National Interprofessionnel du Cognac (the interprofessional union of all growers, producers and merchants of COGNAC spirits) and the Institut National des Appellations d'Origine (an administrative agency within the French government) (collectively, the opposers). Unlike a trademark that indicates a single source for a product, a certification mark is used by an entity other than the owner and is typically used to certify regional or

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