Counseled Brewery through Trademark Challenge

Client: Moonlight Brewing Company

Our client, Moonlight Brewing Company, filed an application with the U.S. Trademark Office for their brand MOONLIGHT for their beer. A restaurant named Moonlite BBQ filed a surprise opposition to try to stop Moonlight Brewing from registering their name. Though the restaurant had not sold a beer branded MOONLIGHT, it aggressively pushed forward with the opposition. The restaurant also claimed their name recognition entitled them to our client’s trademark. We worked closely with and guided Moonlight Brewing through a lengthy and hard fought proceeding before the Trademark Trial and Appeal Board, including a rare oral argument before the board. We ultimately received a complete and favorable ruling for Moonlight, including on a Request for Reconsideration filed by the restaurant to try to overturn the decision.