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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 […]
On June 26, 2013, the Trademark Trial and Appeals Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) sustained the opposition filed by Joel Gott Wines (“JGW”) against the trademark application for GOTT LIGHT and Design for water based on JGW’s prior registrations for GOTT and JOEL GOTT for wine. A copy of the […]
Like a bottle of Chateauneuf-du-Pape I’m fine like wine when I start to rap We need body rockin’, not perfection Let me get some action from the back section ~ “Body Movin’” by The Beastie Boys The Beastie Boys cannot be pleased and there undoubtedly will be no body rockin’ at the Syndicat Des […]
The June 2013 edition of Wines & Vines Magazine / Practical Winery & Vineyard Journal contains an article by DP&F’s John Trinidad on working with Third Party Providers to increase winery sales. The article discusses the current state of play in both California and New York — two of the top wine consuming states in […]
Last week, the TTB issued an interim policy (TTB Ruling No. 2013-2) allowing alcohol beverage producers to voluntarily use nutrient content statements –often referred to as “Serving Facts statements ”– on labels and advertisements. The TTB’s ruling is part of an almost decade-long review of the use of nutrient content statements on alcohol beverage labels […]
Earlier this week, the TTB issued an Industry Circular providing additional guidance for alcohol beverage producers, importers, and wholesalers using social media. The TTB regulates the advertising of wine, distilled spirits, and beer, and generally prohibits deceptive or misleading advertising. The TTB also prohibits industry members from engaging in certain advertising practices or making certain […]
One of the many benefits of obtaining federal trademark or service mark protection is that the Trademark Office will prevent registration of marks which are confusingly similar.Yountville Partners, Inc., simply by registering its marks BRIX and BRIXX for restaurant and bar services, was successful in preventing the registration of the marks BRIX WINE CELLARS, BRIX […]
Wineries big and small face difficulties in trying to terminate distribution ageements in franchise law states. We posted an article a few weeks ago about a lawsuit filed by Diageo Americas, Inc. against its Missouri distributor, Major Brands, Inc. Diageo has asked the federal district court in Connecticut to issue a declaratory judgment allowing the company […]
We have received several questions from clients regarding the New York State Liquor Authority’s ruling on April 9, 2013 regarding the “legality of internet advertising platforms.” The ruling, which addresses the relationship between a New York state wholesaler, a New York state retailer, a third party internet marketer and ShipCompliant, is narrow and specifically applies […]
Ohio,New Jersey,North Carolina,Virginia, and a number of other states restrict a winery’s ability to terminate distributors in that state through “franchise laws.” The Virginia Wine Franchise Act, for example, prevents a winery from unilaterally amending, cancelling, terminating or refusing to renew anyVirginia distribution agreement absent good cause, and good cause is very narrowly defined. A […]
Breweries wishing to sell beer within their home states got a break from TTB as part of the federal government’s ongoing efforts to streamline the alcohol beverage label approval process. In a ruling issued on March 27, 2013 the TTB announced that there is no need for them to apply for either a certificate of […]
The biennial World Intellectual Property Organization (WIPO) Worldwide Symposium on Geographical Indications wrapped up today in Bangkok, Thailand. The 2013 Symposium was hosted by the Thailand Department of Intellectual Property. The two-day Symposium featured eight educational sessions with over thirty speakers from across the world discussing issues related to the protection and enforcement of geographical […]
Much has been written about the lawsuit filed by Robert Parker’s company, The Wine Advocate, Inc. (“TWA”), against Antonio Galloni, specifically on the allegations of fraud, defamation and breach of contract. But buried on page 21 of this 26 page complaint may be one of the most intriguing aspects of this action: a request by […]