Opener
As if there aren’t enough things to worry about when purchasing a winery – due diligence, seller demands, financing hassles – there’s the confusing matter of federal Alcohol and Tobacco Tax and Trade Bureau (“TTB”) and California Alcoholic Beverage Control (“ABC”) winery licensing compliance to grapple with. Buyers want to get down to business as […]
E & J Gallo Winery (Gallo) has sued Grenade Beverage LLC (Grenade) for trademark infringement seeking an injunction as well as monetary damages. Gallo owns federal trademark registrations for GALLO covering wines. Gallo also utilizes a rooster on its wine label. In addition to wine, Gallo sells other alcoholic beverages such as brandy, tequila, vodka, […]
Earlier this week the New York State Liquor Authority (“NYSLA”) revised it’s proposed advisory regarding wholesaler and importer’s ability to allocate “limited availability” alcohol beverage products. We have created a redline highlighting the changes made to the earlier version of the advisory.On Wednesday, July 17, the NYSLA Board held a hearing to discuss the proposed […]
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A few months ago, we reported on the New York State Liquor Authority’s ruling on ShipCompliant’s petition regarding online alcohol beverage sales using third party marketers. We concluded by noting that a “final decision on the permissibility of sales of alcoholic beverages using third party marketers will be forthcoming from the NYSLA and NYSLA intends to […]
Apparently, exclusivity in Nevada is serious business. Certainly, as a jury there recently demonstrated, violating exclusivity is expensive. In 2002, Southern Wines & Spirits, the large Miami based distributor, sued Chateau Vegas and Transat Trade, both small distributors based in Orange County, California, for selling certain Bordeaux wines and French champagnes in Nevada. Southern Wines […]
On June 20, a Missouri Circuit Court judge issued one of the first judicial rulings in a battle that could dramatically affect the relationship between producers and distributors of alcohol. In Missouri, Diageo PLC, Bacardi Ltd., and Pernod Ricard SA are all lobbying to end the state’s franchise laws. These laws, which ten other states […]
New York distributors of highly sought after wines produced or imported in minimum quantities may soon be able to breathe a sigh of relief. The New York State Liquor Authority has issued a proposed advisory that, if approved, would let distributors favor their top accounts or prestigious retailers in their allocation of limited availability wine. […]
Comite Interprofessionel du Vin de Chamagne (CIVC) and Institut National de l’Origine et de la Qualite (INAO) who under French law are charged with controlling, promoting and protecting the common law certification mark CHAMPAGNE, opposed the registration of the mark CHAMPARTY for “alcoholic beverages except beers.” CIVC/INAO argued that the marks CHAMPAGNE and CHAMPARTY are […]