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Is it Curtains for Corona?

By Steve Baird® on February 3, 2020
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“It’s curtains” clearly means “the end” or “an adverse ending to something.”

So, the more ambiguous portion of my opening question is, which Corona?

The present news cycle would have us believe there are two: a virus and a beer.

Both the beer and virus names come from the Latin translation to “crown.”

Last week there were some odd suggestions that the two have become one.

Actually, the suggestions about confusion derived from a spike in internet searches for “corona beer virus” and “beer virus,” between January 22 and 30.

A more sober analysis may reveal the searching spike was from those looking for silly memes to share, not evidencing any mistaken belief of a real connection.

Indeed, the beer brand is not concerned about confusion: “Consumers, by and large, understand there’s no linkage between the virus and our beer/business.”

Cartoonist Geoff Coates knows the difference, and offers a funny take on the topic.

But, back to the original question, let’s hope it’s curtains for the coronavirus soon, it is a serious health problem that seems to be growing in scope, not shrinking.

As to the beer brand, despite a late night comedian’s assertion that Corona beer sales actually have suffered from confusion, curtains aren’t likely for the brand.

Actually, even if there was a drop in January Corona beer sales, it might be better explained by the growing interest in drinking less during Dry January.

On January 8, 2020, Corona filed this logo — had it come two weeks later, perhaps it would have included another type of needed protection, given the virus crisis:

Truth be told, there are actually lots of Corona brands and trademarks out there.

“Corona” is presently federally-registered in the U.S. by a multitude of others for products and services as diverse as chocolates, wine, jewelry, cotton fabric, corn-grinders, meat choppers, plastic food product containers, dinnerware, toilets, toothbrushes, ointment, pruning shears, book-binding machines, accordions, electric heaters, oil stoves, personal headlamps, spectrometers, laboratory instruments, paint brushes, environmental services, gymnastic mats, computer software, animal shampoo, dog and cat food, and order fulfillment services.

Apparently there is a common marketing and business interest across many different industries to suggest a brand is royal or perhaps crown-worthy.

Maybe a silver lining in the story for Corona beer, is that the unsolicited media attention may indicate strong trademark rights in the face of this crowded field.

What puzzles me are the intent-to-use trademark filings last week for Wuhan Vax, Wuhan Corona Vax, Wuhan Mvax, and Wuhan Corona Mvax, all for vaccines.

If a vaccine became available to treat the deadly virus soon, wouldn’t those names be appropriate descriptive or generic vaccine names (not brand or trade names)?

Or, given the USPTO’s heightened focus on incapable informational matter, let’s stay tuned to see how these claimed virus marks are treated during examination.

After all, the virus is also called Wuhan Virus, as it was first found in Wuhan, China.

In the end, when it’s curtain call for the vaccine, will the Corona Curtain be raised?

Photo of Steve Baird® Steve Baird®

View my professional biography

Just so you know, I’m all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print…

View my professional biography

Just so you know, I’m all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, “Who owns these brands” and “Did they really register those marks?” To understand the depth of my passion for brands and helping clients achieve their business goals, legally, you must understand that my interest in business and branding goes back to the late 1960s. The very first brand I recall profiting from was Jiffy®. Even before being old enough to deliver papers for the Iowa City Press Citizen, between episodes of Bewitched®, I would bake cupcakes and walk my finished product door-to-door, sampling along the way, of course, throughout our Kimball Road neighborhood, mostly selling them to husbands whose wives didn’t bake enough (probably watching Bewitched®), according to them at least. One hundred percent profit margins are easy when you can use the necessary equipment and raw materials directly from Mom’s kitchen. Mass producing “hot pads” (pot holders, not real estate) and selling them door-to-door was another favorite childhood business venture at the ripe age of six. Graduating to lawn-mowing age worked well with my paper routes because I could easily see who needed help cutting their grass and, in some cases, avoiding neighborhood ridicule. Yes, you’re right, Dad loaned me his Lawn-Boy® mower on weekends, rent-free, and even bought the gasoline (Dad was not brand loyal at all with gasoline, so I have no brand memory there). Another pure profit opportunity. Let’s just say that Mom and Dad were generous, unsecured investors in my development and future. Thanks Mom and Dad, I now understand the meaning of overhead and capital improvements! I bucked a lot of family tradition and jokes to become a lawyer and a trademark guru. There is not one lawyer in the family tree, as far as my sister knows (and she would know). Nearly everyone is, or was, a teacher of some kind. That must be where my passion for educating others about the legal implications of branding comes from. Basically, I have been speaking about the legal implications of branding since the early 90s, after permitting my pharmacist’s license to expire (after being a victim of an armed robbery where Dilaudid® was on the top of the gunman’s list of desired controlled substances), and shortly after working for an 86 year old federal judge whose chambers had a nice view of the White House in Washington, D.C. While I’d like to say that the movie My Cousin Vinny inspired me to become a lawyer, it was released two years after I graduated from law school. So, really, I guess it just inspired me to be a better lawyer and leader. For now, you can call me a “thought-leader” in the trademark world, and the thankful leader of a very talented group of creative and insightful lawyers and staff who are dedicated to putting our intellectual property clients in the best possible position to achieve their business goals. When I’m not in the office, “cracking the whip,” making sure others in the group keep their bios on this blog short and sweet, working (which isn’t to say I’m not still thinking about my clients’ businesses), or soaking it up in the hot-tub with my soul-mate, I am a dedicated family man – a.k.a. the chauffeur. Until they reach the driving age, I’ll continue to shuttle my four wonderful kids around to their athletic and other events, at which you can find me cheering in the stands.

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