As many know, on August 5, 2013, FDA issued a final rule regarding the labeling of gluten-free foods. See 78 FR 47178, Food Labeling; Gluten-Free Labeling of Foods. As noted by On Reserve previously, TTB announced on August 22, 2013 that the agency would review its policy on the use of the term…
European Parliament Passes Stricter Legislation for Labeling Sangria Wines
I spent several weeks one summer in the Andalucía region of Spain. My trip included Granada, Seville, Cádiz, Córdoba, Madrid, Toledo, Segovia, and a few other cities. While the weather—particularly the mid-afternoon—was sweltering, one thing I did look forward to was trying the sangria at the many tapas restaurants we frequented. I…
Champagne House Veuve Clicquot Sues Italian Sparkling Wine Producer Over Label
Update January 23, 2014: The Drinks Business reported today that Veuve Clicquot denied filing suit against Ciro Picariello and instead contends that the Champagne company contacted the Italian sparkling wine producer to note the “similarity” of the labels and see if there is any way Ciro Picariello’s label could “evolve”…
French Winemakers Face Prosecution for Refusing to use Pesticides
I just finished reading an eBook, Into Wine, written by French sommelier Olivier Magny. As I am sure many can agree, I think it important to continually read about industry developments and about wine generally. While I enjoyed Mr. Magny’s publication, what I found most interesting was his discussion about organic and…
Napa Valley Duckhorn Wine Co. Sues Duck Commander Wine, Alleging Trademark Infringement
A few months ago, On Reserve reported about Napa Valley’s Duckhorn Wine Co. and its suit against Long Island-based Duck Walk Vineyards. See Duckhorn Wine Co. Files a Complaint Against Duck Walk Vineyards Alleging Consumer Confusion on Wine Labels. We were a bit skeptical as to the argument for consumer confusion for…
TTB Issues Public Guidance on Wine Export Certificates for U.S. Wines Exported to China
On December 17, 2013, TTB issued a public guidance on Wine Export Certificates for U.S. wines that are exported to the People’s Republic of China. See General Instructions for “Wine Export Certificate” for U.S. Wine Products Exported from the United States to the People’s Republic of China. Previously, the People’s Republic of…
Revisiting the Volstead Act: The Power Behind the Eighteenth Amendment for Prohibition
Happy National Repeal Day! In honor of the repeal of the National Prohibition Act on December 5, 1933, we thought it appropriate to re-post an article originally written two years ago on the Volstead Act. See Revisiting the Volstead Act: The Power Behind the Eighteenth Amendment for Prohibition; see also Revisiting the Roads to…
Hennessy Wins Trademark Infringement Case in China Against Beijing Company
The Drinks Business reported last week that renowned cognac producer Hennessy won a trademark case in China against a Beijing company for trademark infringement and unfair competition. As demonstrated previously, China can be a difficult market for true brand owners to obtain trademark. See, e.g., Kasite Trademark Sours for French Vintner Caste; see also What’s…
No Likelihood of Confusion for Domaine Pinnacle Apple Juice and Pinnacles Ranches Wine
Domaine Pinnacle, Inc., a Canadian-based apple orchard and cidery, filed an intent-to-use application to register a mark in International Class 33 for apple juices and non-alcohol-based beverages on December 30, 2005 (mark pictured right). The description of the mark is as follows: “The mark consists of A drawing of an…
Eighth Circuit Affirms Decision Against Southern Wine & Spirits Allowing Discrimination Against Out-of-State Wholesalers
In September, the Court of Appeals for the Eighth Circuit decided a case with respect to wholesale licensing in the state of Missouri. Southern Wine and Spirits of America, Inc. (“SWSA”), the plaintiff-appellant, appealed from a lower court decision. The plaintiff-appellant, a foreign alcohol wholesaler, applied for a license to…