Uinta Brewing Company (Applicant) filed an application before the United States Patent and Trademark Office (USPTO) to register on the Principal Register the mark DUO in standard characters for beer. The Trademark Examining Attorney refused registration under § 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), for the reason that Applicant’s mark (as…
Starting a New Winery? Ten Questions You Should Ask
Starting any new business can be overwhelming, and taking the leap to start a winery is certainly no exception. The details can be intimidating and a newcomer can often lose sight of the larger picture. This article aims to review ten of the very basic legal or compliance steps all…
SPONSORED: A Taste of Rhode Island Wine
Disclosure: This post was sponsored by Rhode Island Tourism, which organized and provided transportation to the below Rhode Island wineries. I was not otherwise compensated for this article. The below remains my opinion of Rhode Island wines from my experience at the properties. Rhode Island wine. I consider myself fairly…
TTB Proposes Revisions to Wine Label Regulations and Recordkeeping
On Wednesday, June 22, 2016, TTB published a notice in the Federal Register proposing important changes to wine labeling regulations and recordkeeping requirements. Comments to the proposed changes will be accepted through August 22, 2016 and can be submitted through the Federal Register website). The notice proposes to amend TTB’s labeling and…
Empire Wine Bill Passes in New York Senate
The “Empire Wine Bill” (version 2.0) passed in the New York State Senate on Friday, June 17th per the New York State Assembly website. The matching Assembly bill, A10248, passed earlier on June 15th. The summary of the Senate bill is as follows: Relates to clarifying the basis upon which the state liquor authority has…
Empire Wine Bill Passes in Assembly
The “Empire Wine Bill” (version 2.0) passed in the New York State Assembly on Wednesday, June 15th per the New York State Assembly website. The matching Senate bill, S07728, has not yet passed and shows no action on the bill’s page other than an entry for May 12, 2016. The summary…
New Presentation on Wine Law
A few weeks ago, I filmed a presentation called “Introduction to Wine Law” for Lawline. The course is now available on demand through the Lawline website and runs approximately 90 minutes. A summary of the course is listed below: The alcohol beverage industry is one of the most regulated consumer product industries…
Empire Strikes Back: New Bill Appears in New York’s Senate and Assembly
Two new bills have been introduced to New York’s Senate and Assembly on May 12th and May 18th (respectively), sponsored by New York State Senator Phil Boyle and Assembly Member Philip Steck. The bills are very similar to the “Empire Wine Bill” that appeared in both the Senate and Assembly last…
TTB Administratively Approves New Grape Varieties Mustang and Riverbank
TTB announced last week that it administratively approved two new grape varieties for use on American wine labels. The new grape varieties, Mustang and Riverbank, can be used on American wine labels contingent upon TTB’s next rulemaking to update the list of approved varieties in the CFR (i.e., at 27 CFR…
The (Legal) Truth Behind American Viticultural Areas
What are American Viticultural Areas (AVAs)? Are they appellations? AVAs are types of appellations—but not all appellations are AVAs. For example, California and Texas and Napa County and Sonoma County are considered to be an appellation of origin with respect to wine labeling. But they are not AVAs. Both appellations…