One of the major functions of the TTB, the federal agency that has primary jurisdiction over alcohol beverages in the U.S., is to collect federal excise taxes on alcohol beverages. As TTB more thoroughly explains on its website, excise tax rate depends on commodity type as well as product. See Tax…
On Reserve Author to Speak at Wine Law CLE in Virginia
At the end of October, I will be speaking at a winery and vineyard law CLE seminar in Fairfax, Virginia. My discussion is on ethics in wine law and will survey items like jurisdictional issues to engagement letters to avoiding issues during client representation. The full course is designed for…
Thank You for Attending the Wine Law CLE
Special thanks to all On Reserve readers who attended last week’s CLE course on wine law in New York City. The course surveyed an introduction to wine law, and highlighted some of the major legal issues with respect to federal regulation, state regulation, and direct shipping. Although many issues affect the…
NOPA vs. Napa: A Wine Trademark Opposition
Recently, a Portuguese wine company, Wine Vision Lda. sought to register the mark “NOPA” in standard characters for “wines” through the United States Patent and Trademark Office. Napa Valley Vintners Association (“NVVA”) filed a notice of opposition with the Trademark Trial and Appeal Board. Napa Valley Vintners Association v. Wine…
On Reserve Author to Speak at Wine Law CLE
I am extremely excited to announce that next Tuesday, September 16, 2014, I will speak about wine law at a CLE course. The course, titled “Introduction to Wine Law” will take place at Ashton’s Alley Restaurant in New York City. The CLE program is scheduled to run from 6:00 PM to…
Pennsylvania Attorney’s Wine Collection Seized and May be Destroyed by Government
Arthur Goldman, a Pennsylvania attorney, was recently accused of selling wine without a license. The story goes that Mr. Goldman privately procured high-end wines for friends and colleagues, selling the wine directly to multiple parties through his personal cellar as opposed to shipping the wine through Pennsylvania’s state-controlled liquor stores. (For the…
Introducing LabelVision: The 21st Century COLA Search
Last week, the folks at ShipCompliant officially rolled out a new service called LabelVision. To many in the wine, beer, or spirits industry, this new resource is a game changer. Instantly, we have access to over 1.5 million federally approved labels as far back as 20 years. To some, such a system may…
The Rudy Kurniawan Sentencing and the Wine Label Certification Statement
On Thursday, August 7, 2014, Indonesian wine collector Rudy Kurniawan was sentenced to ten years in prison by U.S. District Judge Richard Berman. Mr. Kurniawan is purported to have swindled more than $20 million worth of fake wine that he allegedly created in his California home and later sold to collectors….
How Are Organic Wine Labels Regulated in the U.S.?
Here is a good, and relevant, question. What happens if a wine label boasts the term, “ORGANIC,” or “CERTIFIED ORGANIC” but is neither organic nor certified as such? As organic products—including wines—become more popular among consumers, there is a greater risk of fraudulent use of the term “ORGANIC.” See, e.g., Is…
The Trademark Battle of Jamieson Ranch Vineyards and Pernod’s Irish Distillers
In March, Jamieson Ranch Vineyards launched a declaratory judgment suit against Pernod Richard’s Irish Distillers Limited, owner of the renowned Jameson Irish Whiskey, in response to the Ranch’s receipt of a cease and desist letter. See Jamieson Vineyards Takes On Pernod Ricard’s Irish Distillers. According to Jameson Clashes with Jamieson Over Name, the letter issued by Irish Distillers…