The popularity of craft breweries and distilleries has grown at exponential rates in the past few years. There are now over 1,800 craft distilleries in the United States, up from roughly 100 in 2005 and 7,400 craft distilleries up from approximately 1,400 in 2005. These increases are reflected in Pennsylvania where the number of distilleries has gone from single digits in 2011 to over 80 in 2019. Similar growth is occurring internationally and in related sectors such as craft hard cider and seltzer.

With this growth there has also been a rise in trademark filings with the U.S. Patent and Trademark Office (USPTO) in all alcohol-related sectors. Likewise, many beer, wine, cider or spirit companies that have traditionally occupied only one of the alcoholic beverage sectors are now expanding into the others. This boom in craft alcohol production popularity coupled with the emerging cross-production of beer, wine and spirits has blurred the branding lines, creating more confusion between brands and increased the difficulty in obtaining IP protection. This article focuses on the new crowded and intertwined alcohol space, and its effect on branding and trademarks.

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