Opener
Producers using the name of an AVA entirely within Sonoma County on your wine labels take note: California law requires you to include a “Sonoma County” designation for all wine bottled on or after January 1, 2014. In 2010, the California legislature approved a new “conjunctive labeling” law that requires wines labeled with the name […]
Jeff Dodd was sworn into the California bar today by Judge Rodney Stone of the Napa Superior Court. Jeff is the newest attorney to join Dickenson, Peatman & Fogarty and will be practicing in the firm’s Land Use and Litigation departments. Jeff is a 2013 graduate of McGeorge Law School and earned his undergraduate degree […]
2.0 units of general MCLE sponsored by LaRiviere, Grubman & Payne, Monterey,CA. Friday, December 6th, 9:30-2:30 The California State Bar Agribusiness Committee’s annual Winery Tour will start at Kendall-Jackson Wine Estate & Gardens in Santa Rosa, California and we will visit a nearby wine production facility and vineyard. Following the tour, attendees will enjoy a […]
In most all cases that come before the United States Patent and Trademark Office Trademark Trial and Appeal Board (Board) involving relatedness of wine and other beverages, both alcoholic and non-alcoholic alike, the Board almost always finds the goods to be related for purposes of its likelihood of confusion analysis. A likelihood of confusion analysis involves […]
This Friday. November 22, 2013, the International Wine Law Association and Continuing Education of the Bar California (CEB) will be sponsoring an educational session for wine industry professionals and attorneys on legal topics related to the international and domestic wine trade. The conference will take place at Hotel Paradox in Santa Cruz, California. There will […]
Dickenson, Peatman & Fogarty attorneys Carol Kingery Ritter and Katja Loeffelholz were recently guest lecturers at Cal Poly San Luis Obispo’s new Wine and Viticulture program. The class was led by Professor William H. Amspacher who is promoting the interdisciplinary major of Wine and Viticulture. All students in the interdisciplinary major are educated about all […]
The New York State Liquor Authority (NYSLA) has asked state wholesalers to fill out a survey related to the potential impact of proposed “at rest” legislation. At rest legislation (New York Bill S3849-2013) would require any alcohol beverage delivered to a New York restaurant or retailer to go through a warehouse located within the state […]
Dickenson, Peatman & Fogarty attorney John Trinidad recently gave a presentation at the University of California-Berkeley School of Law on the impact of the Internet on the regulations that govern the wine industry. You can download a copy of Mr. Trinidad’s presentation here. During his presentation, Mr. Trinidad provided an overview of how the spread of e-commerce […]
Many employers remain confused about their obligations under the Affordable Care Act (“ACA”). We prepared a primer on the ACA for employers to help clarify some of the applicable ACA provisions. To access the primer, click here. For more detailed questions, employers should contact their legal counsel or Jennifer Phillips at [email protected]. Copyright Dickenson Peatman […]
The annual meeting of the International Wine Law Association wrapped up today in Vienna, Austria. The two day meeting featured speakers from Europe, South America, North America and Australia. Topics covered included wine law developments in up and coming wine markets, geographical indications, advertising restrictions for wine, use of expert testimony in litigation, how government […]
Dickenson, Peatman & Fogarty attorney Katja Loeffelholz, a registered attorney with the United States Patent and Trademark Office, recently presented at The Seminar Group’s “Exporting Wine to China” program on “Protecting Intellectual Property.” China represents the single largest growth opportunity for wine producing countries around the world. China is a brand driven market. So what are […]
As of January 1, 2014, laws addressing unfair immigration-related practices go into effect. The laws are broad and far reaching and portions involve all employers, not just employers with immigrant workers. While the bulk of the new legislation deals with unfair immigration-related practices, Labor Code 1102.5, California’s whistleblower statute, was also amended to expand the types of […]
Despite being the 32nd largest private company in the U.S. according to Forbes Magazine and operating in almost a dozen states, Southern Wine and Spirits of America continues to have trouble entering the Missouri market. Last week, the U.S. Court of Appeals for the Eighth Circuit denied Southern’s appeal challenging the constitutionality of Missouri’s alcohol […]
On September 25, 2013, California Governor Jerry Brown signed AB 10, increasing California’s minimum wage for the first time in six years. The current minimum wage is $8.00 per hour. This legislation will increase the minimum wage to $9.00 per hour effective July 1, 2014 and to $10.00 per hour effective January 1, 2016. Previously proposed versions of […]
By October 1, 2013, all employers covered by the Federal Labor Standards Act (FLSA), regardless of size, must issue a notice to their employees about the new health insurance options available under the Patient Protection and Affordable Care Act (ACA). Health insurance options will be available through health care exchanges and marketplaces on January 1, 2014. ACA […]
A few years ago, we wrote about the producer’s lien. As I explained in my prior post, the law provides a grape grower with an automatic lien against any wine made from the grower’s grapes. This lien, called a “producer’s lien,” means that the winery cannot lawfully sell the wine without paying the grower. It gives […]
Dickenson, Peatman & Fogarty attorney Katja Loeffelholz, a registered attorney with the United States Patent and Trademark Office, recently presented “Creating, Protecting & Building Equity in your Wine Brand” at the Wine Industry Forum. You can download a copy of Ms. Loeffelholz’s presentation here: The presentation provides an introduction and overview of trademark […]
In June 2013, Plaintiffs Ilir and Bekim Frrokaj filed a lawsuit claiming that celebrated chef Charlie Trotter sold them a counterfeit magnum of 1945 Domaine de la Romanee-Conti in June 2012. Trotter filed his answer yesterday, in which he denies that the wine sold to Plaintiffs is counterfeit or fraudulent. Trotter’s answer can be found […]
On Wednesday, July 31, 2013, the New York State Liquor Authority approved a revised Advisory (Advisory 2013-5) on the allocation of limited availability alcohol beverage products. The final version of the advisory is available on the NYSLA website.As we mentioned in our earlier blog posts on the subject, the advisory provides details on how importers, […]
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 […]