Texas Lottery Claims It Owns ‘Texas Two Step’ Trademark, Sues Vodka Brand

Texas Lottery Claims It Owns ‘Texas Two Step’ Trademark, Sues Vodka Brand.

Costfoto / NurPhoto / Getty Images

Key Takeaways

The Texas Lottery Commission is two-stepping a vodka distillery to court. That s because it claims the copyright of the aforementioned is property of the state.

Texas LotteryThe Texas Lottery has run its popular Texas Two Step draw since 2001. But can a lottery product really be confused with a drink? And what do any of these things have to do with line dancing? (Image: Texas Lottery Commission)

Ali Ansari owns a “craft” vodka distillery outside . He decided to call his signature brand of vodka “Texas Two Step” after the much-loved dance and filed to trademark it with the US Patent and Trademark Office. The application was accepted.

The only problem was the Texas Lottery has offered a $1 draw ticket called “Texas Two Step” since 2001. And it believes Ansari is two-stepping on its toes.

The lottery owns the patent for the mark for gambling products. But it argues the vodka brand will cause confusion among consumers and damage its reputation by association.

Texas Hold’em Polka

In April, the Patent Office s Trademark Trial and Appeal Board (TTAB) determined that the two brands could happily co-exist without causing undue confusion. Now, the lottery commission is asking a US District Court in Austin to reverse that decision.

“Plaintiff has enormous goodwill in its ‘Texas Two Step’ mark,” claims the commission in its lawsuit. “As a state agency, Plaintiff must exercise caution in the advertising of its goods or services in order to protect the goodwill in the mark or make sure that the trust and confidence that the public has in Plaintiff and in its goods and services is not undermined.”

If Texas Two Step Vodka is allowed to proceed to registration, the Lottery argues, it is likely to “cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of Defendant or Defendant’s products with Plaintiff or Plaintiff’s products or services, and/or as to the origin, sponsorship, or approval of Defendant’s commercial activities.”

The Lottery says the association of its product with alcoholic beverages could “adversely impact” and “dilute” its brand. This could cause “irreparable damage,” including loss of revenue and sales and “tarnish Plaintiff’s mark and the goodwill therein in the minds of consumers.”

Who’s Tarnishing Whom?

But Ansari told The Houston Chronicle this week that the idea his distillery could taint the name of a gambling operation was ridiculous.

Our argument was, you’re in the gambling business, which mostly is illegal in Texas,” he said. “And we’re in the legal distilled spirits business. So, who’s tarnishing who?”

His lawyer, Steve Abbot, put it just as succinctly: “I have Delta faucets in my home. But I don’t get confused when I buy a Delta airline ticket,” he said.

Article Sources
Top BC Lawmaker Let Money Launderers Run Riot in State Casinos, Former Police Commander Says editorial policy.
  1. Las Vegas Resorts Score Big on US News & World Report’s 2018 Best Hotels List

Compare Accounts
×
Alabama-Coushatta Join Supreme Court Case that Could Legalize Tribal Gaming in Texas
Provider
Name
Description
NCAA March Madness First Round Upset Alerts Issued for Wisconsin, Iowa State, Marquette  Casino Operators Win at Ballot Box, But Fitch Sees Minimal Cash Flow Boost  Tekkorp Digital, Las Vegas SPAC, Could Merge with Caliente Interactive  Macau Casino Licenses To Be Issued Before June 2022 Expiry, Top Official Asserts  Federal Sports Betting Changes Must Involve Major League Baseball, Commissioner Rob Manfred Says  Tekkorp Digital, Las Vegas SPAC, Could Merge with Caliente Interactive  Antique Golden Nugget Roulette Wheel Stolen From New Zealand Casino Company  Taunton, Massachusetts Casino Proposal in Jeopardy as Three Mashpee Wampanoag Council Members Under Fire  Sportech Rebuffs $71 Million Takeover Bid from Standard General, Major Twin River Shareholder  Madonna’s Old Hollywood Home, a Former Mafia Gambling Den, for Sale