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Cross-appeals over ‘Fireball,’ ‘Bullshine Firebull’ come up short in US

By Melissa Ritti ( March 12, 2025, 20:17 GMT | Insight) -- In a precedential decision today, the US Court of Appeals for the Federal Circuit said they will not disturb findings by the Trademark Trial and Appeal Board that ‘Fireball’ is non-generic for whiskey and that a proposed ‘Bullshine Firebull’ trademark is unlikely to cause consumer confusion. While the cross-appeals by Bullshine Distillery and Fireball-maker Sazerac Brands were both rejected, the decision marks a win for Bullshine overall, who is now free to market its alcoholic beverage without fear of infringement liability.In an issue of first impression, the US Court of Appeals for the Federal Circuit ruled today that the correct time period for assessing trademark genericness is at the time of registration....

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