We covered several sparkling spirits products about three years ago, here, and so it may be about time for a redux. There is quite a bit of action on this front, in recent months, perhaps due to the high profile of Nuvo Sparkling Liqueur. Here is a Sparkling Vodka under the brand name Le Grand Saint. Technically, it is a distilled spirits specialty more than a “vodka” or a specific class/type. The statement of composition (“vodka infused with carbonation”) appears in gold letters near the top of the front label. Another good example is Prévu. It is unique in the sense that it is sparkling, and liqueur, and organic. It is made with vodka and Cognac, and imported by Simont Enterprises of Los Angeles, California. Prévu also happens to have a great looking website and bottle. If the product is even half as good as what is shown there, I should step away from the computer and go get several bottles.

The 9/11 Memorial wine is made by Lieb Cellars, LLC of Mattituck, New York. In a rare show of unity, it did not go over well with Anthony Bourdain, Dr. Vino, The Colbert Report, or The Christian Post.

Part of the challenge and complexity is that label rules and trends change often. As recently as a few years ago, TTB would balk about pre-eminently famous people, such as these, on alcohol beverage labels. Founding Fathers Beer is bottled by CBC Latrobe in Latrobe, Pennsylvania. I tend to doubt that TTB would allow a President Obama label, even today (except maybe as a caricature), but George Bush, Bill Clinton and the prior Presidents may well be fair game now or soon.

Plenty of regulators don’t know or don’t care about the difference between wine and spirits. Paul Jorgensen reviewed a recent and noteworthy trademark dispute showing this. Paul is a lawyer and he explains as below.

If you’re reaching for a beer, you’ll probably not accidentally grab that bottle of vodka, will you? Looking to pair that great salmon dish with a nice chardonnay usually won’t mean that you accidentally grab a six pack at the convenience store, right? Yes, even though you know that there’s a big difference between beer, wine and spirits (how they are made, sold and who drinks them, for example), you may be surprised to find out that not everyone does. The U.S. Patent & Trademark Office, for example, does not know the difference and continues to demonstrate this with new legal cases decided through its judicial branch, the Trademark Trial and Appeal Board (TTAB). Who cares? You will if you are trying to register your beer, wine or spirits trademark. Unless you want to waste your money on an application that the PTO will reject, it is increasingly important to do a thorough trademark search first for any confusingly similar marks. That search should cover not only products the same or similar to your product (e.g., beer), but also all other alcohol products...