A New York State Supreme Court dismissed a lawsuit launched by Empire Wine against the New York State Liquor Authority (“NYSLA”). In an 11-page ruling, Justice George Ceresia rejected Empire’s complaint that the statute upon which the NYSLA is relying is excessively vague, and denied Empire’s request for a preliminary injunction preventing…
Arcata Not Primarily Geographically Deceptively Misdescriptive of Wine
In a recent TTAB decision, the Board found that Arcata was not primarily geographically deceptively misdescriptive of wine. The Applicant, D’Andrea Family Limited Partnership, sought to register the mark ARCATA in standard character form for “Wine” in International Class 33. In re D’Andrea Family Limited Partnership, Serial No. 85834204 (Oct….
Governor Cuomo Signs Craft New York Act, Promoting Craft Beverage Industry
On November 13, 2014, Governor Cuomo signed the Craft New York Act, a craft beverage law that cuts burdensome restrictions and eases marketing requirements for craft beverage producers. Additionally, to further develop New York’s growing craft beverage industry, Governor Cuomo also launched the Craft Beverage Grant program, which creates a $2 million Craft…
The Term “Blends” Is Merely Descriptive of Wine
Ren Acquisition, Inc. (“Applicant”) sought registration on the Principal Register of the marks BLENDS and BLENDS, INC in standard characters for the marketing, advertising, and promotion of the sale of wine in International Class 35. In re Ren Acquisition, Inc., Serial Nos. 85787527 and 85787531 (October 3, 2014). Applicant disclaimed…
The Medicine of Contraband Wine: Donate to Hospitals
A few weeks ago, I wrote about Arthur Goldman, a Pennsylvania attorney recently accused of selling wine in Pennsylvania without a license. See Pennsylvania Attorney’s Wine Collection Seized and May be Destroyed by Government. The story goes that Mr. Goldman privately procured high-end wines for friends and colleagues, selling the wine directly to multiple parties…
TTB Issues Final Rule for Small Brewers and Reduces Regulatory Burdens
On September 30, 2014, TTB issued a final rule in the Federal Register for small brewers (defined infra), reducing regulatory burdens. The final rule is entitled “Small Brewers Bond Reduction and Requirement to File Tax Returns, Remit Tax Payments and Submit Reports Quarterly” and goes into effect on January 1, 2015. This rule finalizes an important and…
TTAB Finds “Naughty Girl” Not Merely Descriptive of Wine
In a recent opinion, the TTAB found a registered mark for “Naughty Girl” in Class 33 (wines and fortified wines) not merely descriptive of wine. Alvi’s Drift Wine International, the petitioner, sought to cancel the registration by von Stiehl Winery for the standard character mark “Naughty Girl.” Alvi’s Drift Wine…
TTB Establishes 11 New American Viticultural Areas in Paso Robles
On Thursday, October 9, 2014, TTB published a final rule in the Federal Register establishing eleven new American Viticultural Areas (“AVAs”) within the existing Paso Robles viticultural area in San Luis Obispo County, California. The eleven new AVAs are as follows: Adelaida District; Creston District; El Pomar District; Paso Robles Estrella…
Retailer Empire Wine Sues New York State Liquor Authority: Direct Shipping
In August, the New York State Liquor Authority (“NYSLA”) charged a New York retailer, Empire Wine & Spirits, with sixteen counts of improperly shipping wine to out-of-state consumers in states including California, Illinois, Louisiana, Massachusetts, Ohio, Pennsylvania, and Virginia. See New York Retailer Charged with Illegally Shipping Wine to Out-of-State Consumers. The charges…
TTB Expands List of Allowable Revisions to Approved Labels for Alcohol Beverages
On Monday, in Industry Circular Number 2014-02, TTB announced the expansion of its list of allowable revisions to approved labels for alcohol beverages, also known as Certificate of Label Approvals (“COLAs”). The agency currently maintains a list of allowable revisions to approved labels that outlines the permitted changes that can be…