Issue No. 071 · Story 03 · October 30, 2026

Sutter Home Loses Its Bandit Trademark Win

On October 29, a federal appeals court issued an unpublished, nonprecedential memorandum reversing Sutter Home's summary judgment win against Roar Spirits and sending the trademark registration dispute back. Sutter Home opposed Roar's tequila mark applications, claiming likely confusion with its BANDIT mark. As of October 30, no final determination on likelihood of confusion has been made.

§Roar applied to register EL BANDIDO YANKEE and EL BANDIDO YANKEE TEQUILA COMPANY BLANCO in 2020.
§The appeals court held that a reasonable factfinder could find the marks dissimilar in appearance, sound, meaning and overall impression.
§The court also faulted the district court for setting aside evidence of years of coexistence with large sales and a survey in which none of 112 consumers identified Sutter Home as the source of Roar's tequila.

THE TAKEAWAY

The open question is whether added words that change a mark's sound, meaning and impression avoid likely confusion with BANDIT. It also includes how much weight to give years of coexistence and survey evidence in a registration challenge.

Filing: ESCA Filings

Same issue

Screenwriter Sues Alexander Payne Over The Holdovers

On October 28, screenwriter Simon Stephenson sued Alexander Payne and other defendants in federal court, alleging The Holdovers copied protected expression from his screenplay Frisco. He alleges Payne read Frisco in 2013 and 2019 and passed both times. As of October 30, no court has decided the merits.

SAG-AFTRA Backs Copyright Owners in OpenAI Case

On October 29, SAG-AFTRA and three other unions moved to file a brief supporting copyright owners in the federal case against OpenAI. The proposed brief argues that unlicensed AI training harms creative workers who rely on licensing revenue. As of October 30, the court has not ruled on the motion, and no court has decided fair use in this case.

Go Pack Go Lacks Copyright Protection in McMillan's Appeal

On October 28, the Seventh Circuit affirmed dismissal of Calvin McMillan's copyright complaint against the NFL and Wisconsin Department of Revenue. He alleged lottery tickets copied phrases from Pack Attack and Go Pack Go without authorization. The nonprecedential order held he offered no proof of registration, which was his burden, and the brief phrases lacked copyright protection.