LEX VINI

Never the Dark Horse, Gallo Goes on Trademark Attack

On February 25, 2014, E. & J. Gallo filed a trademark suit in the Southern District of New York against Dark Horse Distillery, LLC. of Lenexa, Kansas, and T. Edward wines, Ltd., its New York distributor, claiming infringement by false designation of origin, unfair competition and trademark dilution of its registered mark DARK HORSE for […]

Consignment Sales – Don’t Do Them!

As a friendly reminder to all alcoholic beverage industry members, consignment sales of alcoholic beverages are illegal under both California and Federal law. Consignment sales are transactions where title to the alcoholic beverages in question is retained by the seller or where the licensee receiving the alcoholic beverages has the right at any time to […]

North Coast Environmental Groups Issue Warning that Frost Protection Activities May Violate the Endangered Species Act

California River Watch, Coast Action Group, and Forest Unlimited have issued the attached letter to North Coast vineyard owners and operators that divert water for agricultural purposes in the North Coast. The letter warns that water diversions for frost protection could result in the “take” of threatened and endangered salmonids in north coast streams, not […]

Napa County Winery Audits: What are the odds?

Each year Napa County sends out notices to 20 wineries that they have been selected to be subject to the annual winery audit for compliance with their individual use permits.  The County sent out its most recent notice on January 17, 2014 asking for information about annual production, visitation and custom crush activities.  The letter requests that […]

St. Helena City Council Rescinds Amendments to Small Winery Ordinance

St. Helena’s City Council unanimously voted to approve an emergency ordinance repealing recently passed amendments to the Small Winery Ordinance. We wrote about this matter earlier in the week. Tuesday’s vote prevents the amendments from being put on the November ballot as a referendum item, and effectively reopens debate regarding the proposed amendments.   A […]

Affordable Care Act Employer Mandate for Medium Sized Employers Delayed Another Year

In a further reprieve to employers the White House announced Monday, February 10, 2014 that portions of the Affordable Care Act’s employer mandate will be delayed another year. Employers with 50 to 99 employees will have until January 1, 2016 to offer quality affordable health care to their employees who work 30 or more hours […]

St. Helena City Council Will Consider Rescinding Amendments to Small Winery Ordinance

St. Helena’s City Council will hold a hearing on Tuesday, February 11 to consider repealing amendments to the Small Winery Ordinance approved just a few weeks ago after a months-long process. From May – August 2013, the St. Helena Planning Commission held four hearings to consider amending provisions of the St. Helena Municipal Code that […]

Exporting Wine to China Seminar – Part II

New Chinese Trademark Law – Effective May 1, 2014 For decades, China has been criticized for shielding “trademark hijackers” – individuals or entities who have registered well known U.S. marks in China despite having no affiliation with that brand. If a winery failed to apply for their trademark in China often it was not too […]