Decisions · Cancellation No. 92054843
Jim Beam Brands Co. v. JL Beverage Company LLC
Cancellation No. 92054843 · Decided 2021-08-20 · Cancellation
What happened
Cancellation ended without deciding the merits — Jim Beam withdrew its petition to cancel JL Beverage’s lips-design registration for distilled spirits after trial began, and the Board held the withdrawal is without prejudice because JL Beverage did not show the kind of prejudice that would require dismissal with prejudice, so the registration survives.
The marks
Applicant
JL Lips Mark (design mark consisting of human lips or mouths; color not claimed), Registration No. 4044182
"Distilled Spirits" in International Class 33
Petitioner's mark
Beam Lips Mark (design mark, color not claimed), Registration No. 2638476
"Alcoholic beverages, namely, liqueurs and cordials" in International Class 33
Why this decision is significant
Precedential Board order construing Trademark Rule 2.114(c): a petitioner’s withdrawal of a cancellation after answer requires respondent’s consent or Board approval, and the Board applied a prejudice-based analysis (borrowing Fed. R. Civ. P. 41(a)(2) principles) to grant withdrawal without prejudice over respondent’s objection. Useful procedural template.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
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