In a recent opinion issued by the Trademark Trial and Appeal Board, Applicants sought to register DRINK IT NAKED (in standard characters) on the Principal Register for Tequila in International Class 33. In re Castaneda and Anderson, Serial No. 85876309 (January 13, 2016) [not precedential]. The Trademark Examining Attorney originally refused registration of…
TTB Updates Guidance on Shelf Plans and Shelf Schematics
On February 11, 2016, TTB issued Ruling 2016-1 titled “The Shelf Plan and Shelf Schematic Exception to the ‘Tied House’ Prohibition, and Activities Outside Such Exception.” The ruling concerns promotional activities commonly associated with category management programs and looked at such practices with respect to the federal tied house laws. The agency…
New Publication on Wine and Beer Law
In February, Thomson Reuters released the latest version of its Inside the Minds series. The latest issue in the series is titled Wine and Beer Law and surveys insight from several U.S. attorneys in the alcohol beverage field. The chapters and authors include the following: Clare Abel, Partner, Burch & Cracchiolo PA…
TTB Administratively Approves New Grape Variety Coda di Volpe
Very much in line with one of On Reserve’s recent posts, The Importance of Grape Varieties on American Wine Labels, TTB announced last week that it administratively approved a new grape variety for use on American wine labels. The new grape variety, Coda di Volpe, can be used on American wine labels…
TTB Establishes New AVA Lamorinda Viticultural Area
On Wednesday, February 24th, TTB issued a final rule in the Federal Register establishing a new American Viticultural Area (AVA) called Lamorinda Viticultural Area. The new AVA contains 29,369 acres in Contra Costa County, California and is entirely within the established (and larger) San Francisco Bay and Central Coast AVAs. The original petition was submitted…
Which Came First: The Trademark or the Viticultural Area?
Last week, San Antonio Express News reported that a California-based winery named San Antonio Winery brought a trademark suit against a San Antonio-based winery called Lara Vineyard. In its complaint, San Antonio Winery alleged that Lara Vineyard’s use of the term “San Antonio” as a fanciful name on its labels infringed upon…
Expanded Definition of Hard Cider for Taxation Purposes
On December 18, 2015, President Obama signed the Protecting Americans from Tax Hikes Act of 2015 (“the PATH Act”) into law. The PATH Act contains changes to certain statutory provisions which are administered by TTB, including applicable sections of the Internal Revenue Code (“IRC”) which apply to alcohol beverages. In particular, the…
Proposed Willcox Viticultural Area and Establishment of The Los Olivos District Viticultural Area
On January 21, 2016, TTB published a notice in the Federal Register proposing the establishment of the Willcox Viticultural Area, which is located in portions of Graham and Cochise Counties in Arizona (but is not currently located within, nor does it contain, any other established American Viticultural Area). The proposed Viticultural Area…
The Importance of Grape Varieties on American Wine Labels
Using a grape variety on an American wine label is not mandatory, but many winemakers choose to do so for several reasons, such as perception of quality to the consumer. Using or naming the variety on the wine label may also convey a better story about what is in the…
Empire Wine Bills Delivered to Governor Cuomo
On November 30, 2015, the two talked about bills, A05920 and S04446, in New York’s Assembly and Senate were delivered to Governor Cuomo. A05920 was introduced to the Assembly in March of this year by Assemblyman Phil Steck and proposes to amend New York State’s alcohol beverage laws. See Bill Supports Empire Wine Sales; Bill Would Curb…