LEX VINI

Some Movement at WTO on Multilateral Register for Geographical Indications for Wines & Spirits

In what is being touted by the World Trade Organization (WTO) as the first attempt to produce a single draft text for a Multilateral Register for Geographical Indications for Wines and Spirits pursuant to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), representatives from WTO member countries met this month and put together […]

Most Interesting New Wine Trademark Applications Filed in December 2010

Each month the editors of Lex Vini will select the most interesting wine trademark applications filed with the U.S. Patent and Trademark Office in the prior month.  In keeping with the broad meaning of “interesting,” the marks may be selected because they have significant business interest, they demonstrate potential new themes in branding, or simply […]

TTB Issues Final Rule on New Procedures for Recognizing AVAs

On January 20, 2011, TTB published the long awaited Final Rule on its controversial Notice No. 78, which proposed substantial changes to the AVA petitioning and formation process.  Notice No. 78 was published on November 20, 2007; the same day that the agency published Notice No. 77, proposing to establish the Calistoga AVA.  Perhaps the […]

TTB Extends Deadline for Comments on Clarifying Use of Winemaking Terms

On December 29, 2010, TTB extended the comment period for the Advance Notice of Proposed Rulemaking on the Use of Various Winemaking Terms on Wine Labels and in Advertisements, aka Notice No. 109.  The comment period will end on March 4, 2011.  Notice No. 109 seeks wine industry input on TTB’s proposal to define terms […]

New California Law Requiring Use of "Sonoma County" on Wine with Sonoma County AVAs In Effect … Kind Of

January 1, 2011, was the effective date of California Business & Professions Code Section 25246 which mandates that any wine label carrying the name of an AVA located entirely within Sonoma County must also bear the appellation “Sonoma County” on the label in a font no smaller than two millimeters on packages larger than 187 ml, […]

Changes to Boundary of Santa Maria Valley AVA Effective on January 28, 2011

On December 29, 2010, the Alcohol and Tobacco Tax and Trade Bureau (TTB) approved the expansion of the Santa Maria Valley AVA in California’s San Luis Obispo and Santa Barbara Counties by approximately 19,000 acres.  The expansion comes along the AVA’s current Southern border in Santa Barbara County.  Proponents of the AVA indicated that the expansion was […]

New Estate and Gift Tax Will Impact Family-Owned Wineries

On December 17, 2010, President Obama signed into law a temporary, 2-year tax compromise hammered out in Congress during the so-called “lame duck” session.  The transfer tax highlights include: Ø     Lifetime estate and gift tax exemption reunified and increased to $5 million per   individual ($10 million per married couple) Ø     Estate tax rate reduced from […]

Proposed California Budget Could Impact Williamson Act Subventions

This week, California Governor Jerry Brown unveiled his budget proposing to cut state spending by $12.5 billion dollars.  Some of these cuts will directly impact land use and agriculture.  Specifically, the Governor’s budget proposes the permanent suspension of Williamson Act subventions.  The Williamson Act allows agricultural landowners to commit their properties to agricultural uses in […]

New California Law – Instructional Tasting License – Cal. Bus. & Prof. Code 23396.6

On January 1, 2011, California Business & Professions Code Section 23396.6 went into effect providing the ability to obtain an instructional tasting license for the tasting of beer, wine and distilled spirits at off-premise retail licensed locations.  The license permits retailers to allow licensed beer, wine or distilled spirits producers or importers (but not licensees […]