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 In re Fetzer Vineyards, Serial No. 86789970 (June 22, 2017) [not precedential].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…
Wine Law Trademark Series Part 1: Registrability of Marks
This blog article is the first in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Wineries often look to common law to protect their marks and intellectual property. This can be a feasible solution if the winery remains small and if…
On Reserve Author Named One of Lawline’s Top 20 Women Faculty of 2016
Lindsey A. Zahn, author of On Reserve, was recently named to Lawline’s Top 20 Women Faculty of 2016 for a course called “Introduction to Wine Law.” In selecting the top 20, Lawline “focused on the top-rated, most viewed and thoughtfully reviewed 2016 courses taught by a woman.” From Lawline directly: Lindsey’s…