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Respondent Icon Design, based mostly in Napa, California, offers label and packaging design and different model creation services to shoppers within the wine industry. Petitioner Brew4U claimed that Respondent Icon Design never sold any wine below the mark and didn't receive a COLA certificate from the Alcohol and Tobacco Tax and Trade Bureau (TTB). Petitioner Brew4U maintained that this activity was insufficient to confer trademark rights in connection with wine because it was not the type of commercial use that's typical in the wine industry and does not rise to bona fide trademark use for wine, citing the Board’s determination in Tao Licensing, LLC v. Bender Consulting Ltd., 125 USPQ2d 1043 (TTAB 2017), and its non-precedential determination in Modern House Wines LLC v. Hidden Wineries Inc., 2017 WL 3718268, 2017 TTAB LEXIS 290 (TTAB 2017), as instructive on this point. Petitioner has not established that such use is just not within the unusual course of trade.
