On July 16, 2015 at 10:00 AM ET, I will be presenting a CLE on beer, wine, and distilled spirits law. The CLE, titled “Beer, Wine & Distilled Spirits Law: Federal Regulation 101” will have a live broadcast and will also be available on demand. A summary is below: When…
TTB Proposes New Loess Hills District AVA and Expansion of Willamette Valley
TTB is accepting comments through August 17, 2015 on a proposed American Viticultural Area (“AVA”), as per a proposed rule in the Federal Register on June 18, 2015. The proposed AVA is as follows: Loess Hills District Viticultural Area (Notice No. 153, Docket No. TTB-2015-0009): The proposed AVA of “Loess Hills District” comprises of a 12,897-square mile (8,254,151-acre)…
Empire Wine Bill Passes in New York State Senate
In case yesterday’s news wasn’t good enough for industry members, today we are here to repot something even better: the acclaimed Empire Wine bill passed today in New York’s Senate. That’s quite a successful move for a bill that was only introduced a day ago. The bill now awaits Governor…
Empire Wine Bill Passes in New York State Assembly
In promising news for industry members, the much talked-about “Empire wine bill” pending in both New York’s Assembly and Senate passed in the Assembly on Monday, June 15, 2015. See A05920 Summary. Its sister bill, S04446A, is currently still pending in the state’s Senate and, according to Capitol Confidential, “has advanced to the third…
Judge Grants Order Allowing Empire Wine to Subpoena NYSLA Employees
Last week, and as noted originally by Capitol Confidential, Honorable Gerald W. Connolly, Acting Supreme Court Justice for the State of New York Supreme Court for the County of Albany, issued a decision and order allowing Colonie-based retailer Empire Wine to subpoena NYSLA employees. See Empire Wine & Spirits LLC v. New York State…
Winery Files Opposition to Trademark Registration of HBO’s Three-Eyed Raven
Last week, Franciscan Vineyards, Inc. of St. Helena filed an opposition to the mark THREE-EYED RAVEN, filed by Applicant Home Box Office, Inc., for alcohol beverages, energy drinks, and non-alcoholic drinks beverages and fruit drinks. Franciscan Vineyards opposes registration of THREE-EYED RAVEN on the grounds that registration is likely to…
Blue Moon Lawsuit: [Not] All About That Label
Last week, On Reserve reported about the class action suit filed against MillerCoors in regard to the Blue Moon malt beverage. See MillerCoors Hit with Class Action Suit for Use of “Artfully Crafted” on Blue Moon Beer. The suit alleges that the company’s Blue Moon beer deceives consumers into thinking the product is “Craft” by marketing the…
MillerCoors Hit with Class Action Suit for Use of “Artfully Crafted” on Blue Moon Beer
On April 24, 2015, a class action lawsuit was filed in state court against MillerCoors LLC, alleging that the company’s Blue Moon beer deceives consumers into thinking the product is “Craft” by marketing the brand as “Artfully Crafted” and disassociating it from MillerCoors. See Parent v. MillerCoors LLC. The plaintiff alleges that MillerCoors…
Is There a Likelihood of Confusion Between APOTHEOSIS and APOTHIC?
Applicant Kinney Family Vintners LLC DBA Occasio Winery sought to register the mark APOTHEOSIS for several types of red wine but was opposed by E. & J. Gallo Winery. See E. & J. Gallo Winery v. Kinney Family Vinters LLC d/b/a Occasio Winery, Opposition No. 91207656 (March 10, 2015) [not precedential]. Gallo alleged prior use…
New York Is Open for Business — Or Is It?
Last week, the Albany newspaper Times Union published my most recent op ed on the Empire Wine’s legal battle with the NYSLA. The article discusses the background between the two parties, as well as the catastrophic business environment that could develop in New York State from the Authority’s interpretation of its regulations. New…