The NYSLA announced on its website that the second industry working group meeting will take place on December 8, 2015. The group will continue to consider changes or modifications to New York’s alcohol beverage laws. The first meeting devised a list of significant issues relating to New York’s alcohol beverage laws,…
On Reserve Named Top 100 “Blawgs” by American Bar Association Journal
It is truly an honor to share that On Reserve was named one of the top 100 legal blogs or “blawgs” of 2015 by the American Bar Association Journal (ABA Journal). This is the second year that On Reserve received this honor from the ABA Journal, and I am incredibly…
Summary of Cuomo’s First Alcohol Beverage Industry Working Group Meeting
Last Thursday I attended the first open meeting of Governor Cuomo’s new alcohol beverage industry working group. The group, whose main mission is to modernize New York’s alcohol beverage laws by reviewing current statutory provisions, spent the entire meeting identifying a list of issues for further discussion and/or consideration. The first…
NYSLA Must Release Communications and Cuomo Announces Industry Working Group
Last week, as reported by the Times Union, a decision by Acting Supreme Court Justice Debra Young ruled against the New York State Liquor Authority (“NYSLA”) with respect to an ongoing legal battle with Colonie-based retailer Empire Wine. See In Empire Wine Case, SLA Must Release Communications With Illinois Officials. Empire originally sought production…
TTB Reopens the Comment Period for Proposed Viticultural Area and a Realignment
On October 26th, TTB released a press release stating the agency planned to public a notice in the Federal Register the following day which would reopen the comment period for the proposed Lewis-Clark Valley American Viticultural Area (AVA), which is comprised of 306,650-acres found in locations including Nez Perce, Lewis,…
TTB Makes Small Change to COLA Process
In an industry circular dated October 2, 2015, the TTB announced that it made a minor administrative change—and perhaps a very welcome update—to the label approval process. TTB will no longer return label applications to fix discrepancies between what appears on the label and what is stated on the application itself with…
Recent Publication: Label Lawsuit Lessons
The November/December 2015 issue of Vineyard & Winery Management magazine features one of my most recent articles, Label Lawsuit Lessons. The article details the implications the 2014 Supreme Court case POM Wonderful LLC v. Coca-Cola Co. may have on the wine industry. Specifically, the article looks at the idea that a COLA may simply be…
Battle of the Brands: French Winery Château Lafitte Claims Triumph
As reported by Decanter, Château Lafitte claimed victory against an ongoing trademark case and can reportedly sell Bordeaux wine in China under the name Château Lafitte. See Chateau Lafitte Claims Trademark Wine in China. The dispute in China has been ongoing for about two years and has been between Château Lafitte and Château…
TTB Revises Regulation Regarding Excise Taxes and Return of Wine to Bonded Premises
On Tuesday, September 15, 2015, TTB published a rule in the Federal Register detailing the agency’s revision of wine regulations that govern the return of wine to bonded premises. See Return of Wine to Bonded Premises. The final rule was issued without prior notice and comment. The new rule is summarized below: TTB’s…
Court Denies Union Wine Company’s Motion to Dismiss Lawsuit Brought by FN Cellars
Last week, California District Court Judge Donato denied Union Wine Company’s motion to dismiss a suit launched against the wine company by FN Cellars, LLC. FN Cellars originally brought suit against Union Wine seeking (1) declaratory judgment of validity for FN Cellars’ trademark; (2) a declaration that its mark does not…