Labels with two brand names

[ezras]

I have seen a lot of scotches where the brand name will say one thing and then it will say "distilled by XYZ" in addition, has anyone ever seen this done in the US with TTB?

Example - http://static.wine-searcher.net/images/labels/01/80/signatory-vintage-the-un-chillfiltered-collection-ardmore-single-malt-scotch-whisky-speyside-scotland-10400180.jpg

We are trying to do tasting packs, where our brand name will be at the top and then it would say distilled by or have the name of the distillery that is supplying the spirit somewhere else on the label. Do you think TTB would have a problem with this?

Thanks.

[dhdunbar]

Ezras;

The world of labels is replete with examples of what you call two "brand" names. But there is only one brand name on the label. Why? It is a matter of definition. People who bottle wine, or spirits have a basic permit. The permit is held in their legal name. ABC, LLC. They may also have a trade name, 123 Distilling. 123 Distilling is the name they put on the sign on their plant. They may also have another trade name, a bottling trade name, A1B1 Spirits Co.

In the world of TTB - and this is not any different than the world of soap powder if you think about the conglomerate nature of most businesses these days - ABC, LLC, dba 123 Distilling, may have may own all sorts of brands. Let's say they have three A-1 Vodka, B-4 Bourbon, and GR-8 Gin. The brands are trademarks. 123 Distilling is a trade name. Trade names and marks are legally different.

Regulations come in three sorts. What you must do; what you must not do, and what you may do - but do not need to do - if you follow certain rules.

On a label of distilled spirits, a brand name is mandatory, sort of. The name and address of the bottler is always mandatory. Go to 27 CFR 5.32 and follow its links to explanations of what your label must contain. The point is, what you call two "brand names" is actually (1) a "brand name" and (2) the "name" of the bottler, which may be either is legal name, or it it has one, it's trade name, which, in turn may be either the operating name or the bottling trade name. The brand name is what you hope the customer will identify with and be loyal to. The trade names lead them to the person they are going to sue if there is some vile chemical in the bottle.