Opener
Those of you that may have recently filed an original TTB application as a brewery, winery, distillery, importer or wholesaler may have noticed that the TTB now requires “source of funds” documentation as part of the application materials. The requirement simply requires disclosure as to the source of the funds you will be using to […]
The TTB’s new online permit system is now active and available for use. Although “Permits Online” is currently only available for New Winery Operations applications (Bonded Winery, Bonded Wine Cellar, Tax-Paid Bottling House) and New Wholesaler/Importer applications, TTB anticipates that the system will soon be available to accommodate amendments to existing permits and registrations. And within […]
Due to the necessities of hiring seasonal workers, many vineyards and wineries are faced with the task of verifying employees’ eligibility to work in the U.S. by maintaining Form I-9, Employment Eligibility Verification forms. Over the past year, the U.S. Citizenship and Immigration Services (USCIS) has increased its audits of employers’ I-9 files. The USCIS has also […]
Consistent with earlier precedent, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) upheld the Office’s refusal to register the trademark UPSLOPE for beer based on a prior registration for UPSLOPE for wine. In considering the likelihood of confusion between trademarks, the TTAB limits the analysis to the trademarks as shown in […]
E-Verify is the federal government’s electronic employment verification system. It is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States. The E-Verify system is operated by the Department of Homeland Security in partnership […]
Recently, the California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE) issued an opinion letter concerning educational internship programs. Specifically, the letter addressed whether California law would require employers to treat interns of a particular educational program as employees. The DLSE noted that there is no California statute or regulation which exempts trainees […]
In October of 2010, Casella Wines, the producers of YELLOW TAIL wine, filed a lawsuit in U.S. District Court in New York against The Wine Group claiming trademark infringement of Casella’s federally-registered wallaby design mark featured on Casella’s YELLOW TAIL wine (see below): based on The Wine Group’s use of a kangaroo design for its […]
In the WTO’s continuing efforts to move forward the 13-year old agenda on a multilateral register for geographical indications for wines and spirits, the WTO reported last week that a small working group representing the divergent positions of the various member countries had completed two additional sections of “emerging text” for the register proposal. “Emerging […]
In August of 2010, the California-based The Wine Group LLC broke off its nearly 23 year relationship with Vancouver-based Marc Anthony Group, Inc. The two corporations, however, are not parting ways quietly. Marc Anthony Group made a great deal of money selling The Wine Group wines, including Big House, Cardinal Zin, Inglenook, and Corbett Canyon. In […]
Our U.K. colleague, Andrew Park of APP Wine Law in Cheshire, England, recently posted a blog on his web site on a newly published case from the England and Wales Court of Appeal concerning the test for repudiation of contracts in the U.K. The case indicates in determining repudiation the test is: “looking at all […]
The U.S. Departments of Health and Human Services (HHS) and Agriculture (USDA) recently released the 2010 U.S. Dietary Guidelines for Americans. With respect to consumption of alcoholic beverages, the guidelines provide that “One drink is defined as 12 fluid ounces of regular beer (5% alcohol), 5 fluid ounces of wine (12% alcohol), or 1.5 fluid […]
Saintsbury, owner of the GARNET trademark for wine (U.S. Reg. No. 1,669,670), has sold the brand to the principals of Silverado Winegrowers, a long-time grower for Saintsbury and the GARNET brand with vineyard holdings throughout California. Saintsbury has used the GARNET mark along with its SAINTSBURY house mark in the manner shown in the label below: […]
The Sierra Club and a Napa resident have filed separate appeals of two Napa County Superior Court rulings that upheld Napa County’s policy on allowing “successive” lot-line adjustments involving four or fewer parcels. The County’s policy on lot-line adjustments first came under assault in connection with long-time grape grower and vintner, Will Nord, whose company, […]
In January, Maryland’s General Assembly introduced legislation to legalize the direct shipment of wine to consumers from out-of-state wineries and retailers. Maryland is just one of just 13 states that prohibit winery-to-consumer direct shipping and one of 36 states that prohibit direct shipments by out-of-state retailers (including internet retailers). Although the bill seems to have […]
In one of Northern California’s first winery acquisitions of 2011, Lion Nathan USA, a subsidiary of Australian company Lion Nathan National Foods Pty Limited, this week acquired Sonoma-based MacRostie Wines in a transaction structured as a sale of inventory, equipment and intellectual property. Steve MacRostie, founder of MacRostie Wines, will serve as a consultant to Lion […]
The preliminary 2010 California Grape Crush Report was released today, February 10, 2011. The report shows that 3.58 million tons of wine grapes were crushed in 2010, down 3% from the 4.095 million tons crushed in 2009. Red wine varietals were down only 1% from 2009 while crushed white wine grapes were down 6% from […]
On December 17, 2010, the United States Court of Appeals for the Third Circuit, in the case of Freeman vs. Corzine, held that New Jersey state provisions which allow an in-state winery, but not an out-of-state winery, to sell directly to consumers from their winery premises or at six salesrooms apart from their premises, and […]
On February 2, TTB posted a bulletin on its COLA and formula approval process. Due to increases in label and formula submissions and economic impacts on the agency, TTB will no longer accept “Expedite Requests” or “Informal Reviews” effective immediately. TTB is cautioning applicants to allow for a 90-day application review process. The agency is […]
The Sonoma County Permit and Resource Management Department has drafted new rules to be applied to properties in Williamson Act agricultural preserve contracts. The proposed 49 pages of rules will replace the existing seven pages of rules that were originally adopted in 1970. Much of the new document clarifies existing state law and county policies, […]
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 […]