Last week, the Trademark Trial and Appeal Board (“TTAB”) issued an opinion that sided with Anheuser-Busch, LLC’s opposition of the registration of the mark WINEBUD. See Anheuser-Busch, LLC v. Innvopak Systems Pty Ltd., Opposition No. 91194148 (August 17, 2015) [precedential]. The applicant, Innvopak Systems Party Limited, originally filed an application to register the…
TTAB Allows Trademark Registration of French Town Montussan
In a recent TTAB opinion, the Board reversed a prior decision of an Examining Attorney who refused to register a mark alluding to a French town Montussan. See In re Montussan Apertifs SAS, Serial No. 86172886 (August 12, 2015) [not precedential]. Applicant (Montussan Apertifs SAS) originally filed an application to register the…
2015 Wine & Law Program at the University of Reims in Champagne, France
This summer, I had the absolute honor of being invited to attend the University of Reims’ Wine & Law Program in Champagne, France as a faculty member. I attended this same program several years ago when I was still a student in law school and had an incredible experience, one that…
Proposed New AVA Tip of the Mitt and Establishment of Squaw Valley-Miramonte
On August 6, 2015, TTB issued a proposed rule to establish a new American Viticultural Area. TTB is accepting comments through October 5, 2015 on a proposed American Viticultural Area (“AVA”) called “Tip of the Mitt,” as per a proposed rule in the Federal Register on June 30, 2015. The proposed AVA…
Willamette Valley Vineyards Sues Neighboring Farm Over Herbicide Drift
Willamette Valley Vineyards is suing Five Cent Farm, Inc., a neighboring farm. According to Statesman Journal, the lawsuit filed against Five Cent indicates that the Vineyard is claiming more than $400,000 in economic loss from damage to the Vineyard’s pinot noir grapes. The complaint states that Willamette Valley Vineyards has a…
Alfred Gratien: A Day Trip to Épernay for Small Batch and Quality Champagne
A few weeks ago, I had the absolute pleasure of spending an afternoon at and touring Alfred Gratien in Épernay. The maison has been producing wine since 1864 and takes pride in stating that its Champagne is hand-crafted. The house uses Chardonnay, Pinot Noir and Pinot Meunier grape varieties, which represent the three…
Clos Montmartre: A Closer Look at the Hidden Vineyard in Paris
As many times as I’ve visited Paris, I am actually disheartened to admit that—up until recently—I had never seen the hidden vineyard in Montmartre. After reading an article several weeks ago about Clos Montmartre, or the 1500 square meters of vineyard space covertly tucked behind the Sacré-Cœur, I knew it was a “must”…
Proposed Establishment of the “Champlain Valley of New York” Viticultural Area
TTB is accepting comments through August 31, 2015 on a proposed American Viticultural Area (“AVA”) called “Champlain Valley of New York,” as per a proposed rule in the Federal Register on June 30, 2015. The proposed AVA is as follows: The petition proposing the new AVA was sent to TTB by Colin…
Wine, Beer, and Spirits Law Conference in Louisville, Kentucky this September
CLE International will host its annual wine, beer, and spirits law conference in Louisville, Kentucky this September 17th and 18th. This year is the program’s 20th anniversary of the wine, beer, and spirits conference and, from its lineup, it promises to have some interesting topics in beverage law. Topics include…
New York Legislature Amends Tax Law To Help Small Wineries
In recent news, the Assembly and Senate of New York both passed a bill to amend the state’s tax law. The bill proposed a change to the current law which would significantly help small wineries within the state. The summary of the bill provides that it “[e]xempts certain wineries from…