Last week, TTB reported that the agency suspended six (6) alcohol beverage permits between December 2018 and January 2019 for violations of consignment sale provisions of the Federal Alcohol Administration Act. Four wine wholesalers and two wineries faced a one-day stipulated permit suspension; a fifth wholesaler who was under investigation opted to…
Formula Wines: Enology & Regulatory Issues at 2019 Eastern Winery Expo
Join Denise Gardner of Denise Gardner Winemaking and me at the 2019 Eastern Winery Expo in Syracuse, New York March 19th through 21st for a discussion on formula wines and their enology and regulatory issues. A description of our event is provided below. Formula wines (those with non-wine flavorings like vanilla, chocolate or colors added) are taking…
California Winery Could Be Non-Compliant with TTB’s AVA Labeling Regulations
According to Wine Business, the Oregon Liquor Control Commission (“OLCC”) submitted a letter to TTB in regard to a Napa Valley wine company’s alleged non-compliance with TTB labeling and advertising regulations. The complaint argues that the Elouan and The Willametter wines produced by Copper Cane LLC of Rutherford, California—which boast Oregon…
A Faculty Development in International Business in Santiago, Chile
Kevin J. Fandl, J.D., Ph.D. is again leading a faculty trip to study innovation in Chile focused on wine. He sends the following message and attached flyer: Dear colleagues, I am pleased to share the attached invitation with all of you regarding an upcoming (January 2019) peer-to-peer faculty immersion in Santiago,…
Supreme Court Grants Cert to A Granholm-Like Case for Retailers
On Thursday, September 27, 2018, the Supreme Court granted cert to a new case involving Granholm-like issues for the alcohol beverage wholesale and retail tiers. See Certiorari Granted. The case, Tennessee Wine and Spirits vs. Byrd Clayton, stems from a Tennessee law which requires in-state retail license applicants to satisfy residency requirements. The law…
Are Night and Noche Likely to Cause Confusion for Wine?
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued two relevant decisions to the wine industry. The decisions are summarized below. In re En Primeur Wines, Inc., Serial No. 87170488 (July 18, 2018) [not precedential]: En Primeur Wines, Inc. (“Applicant”) sought registration on the Principal Register of the mark MY…
Introducing Jus Vini, The Journal of Wine & Spirits Law
It is with great excitement that I share the launch of Jus Vini, The Journal of Wine & Spirits Law. Jus Vini is the new international journal on wine and spirits law edited by the University of Reims’ Wine & Law Program — A Jean Monnet Chair. The journal is a bilingual, peer-reviewed…
Recent USPTO Trademark Decisions Relating to Alcohol Beverages
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential]: El Galan, Inc. (“Applicant”) sought registration of the mark TERNURA in standard…
CLE International Conference on Wine, Beer & Spirits Law in Chicago, Illinois
CLE International is again hosting its Wine, Beer, and Spirits CLE. This year, the program will take place in Chicago on October 4th and 5th at the Millennium Knickerbocker hotel. Attendees can earn up to 12 hours of MCLE credits including one hour of ethics. Registration is currently open and…
Recent Wine, Beer, and Spirits Decisions by the USPTO TTAB
The USPTO Trademark Trial and Appeals Board (TTAB) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In In re Harlequin Enterprises Limited, Serial No. 86761280 (September 7, 2017) [not precedential], Applicant (Harlequin Enterprises Limited, a purveyor of romance novels) sought to register a design…