Philip Carter Winery Wins four-and-a-half year Trademark Feud

Philip Carter Winery Wins Big in the 4 ½ Year Trademark Feud Between Two Branches of an Historic Virginia Family over the PCW Logo – Coat of Arms Mark.

Philip Carter Winery has prevailed in the 4 ½ year legal battle with Shirley Plantation and Upper Shirley Vineyards before the United States Patent and Trademark Office over the PCW logo/Coat of Arms Crest. This legal battle spanned hundreds of years of Virginia history as well as international law.

Raise a glass of PCW wine this evening to celebrate this hard-fought victory. Below is an excerpt from the 79-Page opinion by the United States Patent and Trademark Office:

“These consolidated cases involve some history of colonial Virginia, a feud between branches of an historic Virginia family, a nascent business relationship gone sour, and, ultimately, the issue of who is identified by the applied-for marks. . . . . .
This is insufficient proof of any relevant foreign law and the alleged historical grant of the Carter Coat of Arms to Charles Carter’s side of the Carter family. Opposers’ failure of proof is particularly significant here because Applicant’s principal Philip Carter Strother also traces his lineage to the Carter family of Virginia, Strother Tr. 33:22-35:9; Ex. 10, and Opposers have publicly acknowledged that he, like Charles Carter, is “a direct descendant of Robert ‘King’ Carter.” 38 TTABVUE 87-90. We find that Opposers did not prove that it was “legally improper” for Applicant to use and seek to register the Coat of Arms Mark.

Decision: Opposition No. 91218094 is dismissed.”

Full opinion here:  http://ttabvue.uspto.gov/ttabvue/v?pno=91218094&pty=OPP&eno=19

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