On Wednesday, October 11, 2017, TTB announced that it would reopen comment period for three relevant proposed rules for the wine industry. The proposed rules were originally published in the Federal Register in 2016. The following rules have their comment periods reopened: Notice No. 160, Proposed Revisions to Wine Labeling and…
2017 Wine & Law Program in Champagne, France this October
This year, the University of Reims’ Wine & Law Program is in its seventh session and will discuss topics related to trademarks and intellectual property rights in the wine and spirits sector. The Program is a 6-day intensive course program in English from October 9, 2017 through October 14, 2017 at the Université de…
USPTO Finds a Likelihood of Confusion for HOODWINKED for Beer and HOODWINKED for Wine
Fetzer Vineyards (“Applicant”) recently sought registration in standard character mark for HOODWINKED on the Principal Register for wine in International Class 33. In re Fetzer Vineyards, Serial No. 86789970 (June 22, 2017) [not precedential]. Originally, the Trademark Examining Attorney refused registration of the mark under Section 2(d) of the Trademark Act…
New York Farm Distilleries Now Allowed to Serve Wine, Beer, and Cider for On-Premise Consumption
On July 25, 2017, Governor Cuomo signed legislation to allow New York farm distilleries to sell wine, beer, and cider labelled as “New York State” for on-premises consumption. See Governor Cuomo Signs Legislation to Allow Farm Distilleries to Sell New York State Labelled Beer, Wine, and Cider for On-Premises Consumption. Previously, New…
Cider Chat and Cider Law
I was recently interviewed in a podcast by Ria Windcaller of Cider Chat. We had a one-hour discussion on cider law, obtaining permits with TTB, labeling, advertising, social media, and various other topics that impact the cider community. It was a great experience, and the chat is available to listen…
Texas Proposes to Change State Wine Law Regarding Appellations of Origin
Recently, the state of Texas saw some interesting action with respect to wine and the law. House Bill 1514, sponsored by Rep. Jason Isaac, relating to the labeling of wine as originating from the state is causing a significant amount of concern among winemakers. The bill proposes to change the Texas Alcoholic…
On Reserve Trademark Special Through August 31, 2017
On Reserve is excited to announce an exclusive trademark package through Lehrman Beverage Law, PLLC. The package will extend to new clients and trademark registrations through August 31, 2017. For more information, please contact us at trademarks@bevlaw.com or via phone at 202-449-3739 ext. 4. Please mention On Reserve Special 2017.
Wine, Beer, and Spirits Law Conference in Portland, Oregon this September
CLE International will host its annual wine, beer, and spirits law conference in Portland, Oregon this September 14th and 15th. This year is the program’s 22nd anniversary of the wine, beer, and spirits conference and, from its lineup, it promises to have some interesting topics in beverage law. Topics include the…
Wine Law Trademark Series Part 2: Trademark Clearance Searches
This blog article is the second in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Why should a winery consider a trademark clearance search? Before registering a mark with the U.S.P.T.O., wineries and wine industry members should consider conducting a trademark…
TTB Cancels Declaration Requirement for Pinot Noir Wines from the Languedoc-Roussillon Region of France
Last week, TTB issued an industry circular (Industry Circular Number 2017-3) that cancels a declaration requirement with respect to Pinot Noir wines from the Languedoc-Roussillon Region of France. The 2017 industry circular supersedes Industry Circular 2010–5, Pinot Noir from the Languedoc-Roussillon Region of France, which required importers of wines naming Pinot…