LEX VINI

The Beginning of the End of Marijuana Prohibition? Not so Fast.

Earlier this month, medical marijuana proponents were elated over the federal appropriations bill. What does the federal appropriations bill have to do with the continuing movement to repeal the prohibition of marijuana? Well, buried in Section 538 of the appropriations bill is the following language: “None of the funds made available in this Act to […]

States Claim Colorado Marijuana Laws are Unconstitutional

Earlier this week, Oklahoma and Nebraska filed a motion and complaint with the U.S. Supreme Court challenging Colorado’’s implementation of Amendment 64, the state constitutional amendment legalizing the cultivation and sale of marijuana. According to the brief, both Oklahoma and Nebraska have suffered damages as a result of Colorado’’s legalization of marijuana in the form […]

Always Read The Contract – They Wrecked Your Wine, But Now Won’t Pay

You send your Chardonnay to a custom crush facility for bottling.  A month later the wine in one out of about every ten bottles is brown.  It oxidized in the bottle.  You are forced to pull all your Chardonnay from the market at significant expense, and you fear your brand has suffered.  The evidence suggests […]

Launching New Wine Brand Without a Winery

Beverage Trade Network recently published an article “Launching New Wine Brand Without a Winery” by DP&F attorneys John Trinidad and Katja Loeffelholz on insights on how to navigate legal hurdles when entering the wine industry. The article explores some of the key legal and regulatory issues facing “virtual wineries,” including securing the right licenses and […]

Reform Of Immigration System

From the Law Offices of Melissa Harms: We are pleased to announce that President Obama unveiled a long-awaiting plan to reform the immigration system on November 20, 2014.  His executive action brings immediate relief to as many as 4.4 million undocumented foreign nationals living in the US through a few key programs: Deferred Action for […]

California Labor Commissioner Issues Required Postings for New Paid Sick Leave Law

The California Labor Commissioner recently issued the Paid Sick Leave poster template and Wage Notice for employers to use as of January 1, 2015 in compliance with California’s new paid sick leave law, AB 1522.  Employers do not need to use these documents in their workplace, but if they create their own posters and notices, […]

USPTO Recognizes Exclusivity in Surname Trademark for Wine

On November 7, 2014, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office issued an opinion upholding the refusal to register the trademark BARTON FAMILY WINERY for wine based on a prior trademark registration for THOMAS BARTON, also for wine.  A copy of the opinion may be found here. While this is […]

California Tied House Laws and Social Media

According to a recent article in the Sacramento Bee, the California Department of Alcoholic Beverage Control (“ABC”) recently accused a California winery of violating tied house laws by sending the following tweet:  “Two days till @SaveMart Grape Escape in Downtown #Sacramento!” SaveMart Supermarkets holds a California alcohol beverage retailer license, and the ABC considered the […]

Groupon to Launch Wine Brand?

During a review of wine labels on ShipCompliant’s LabelVision database, we came across several new COLAs issued to  Top it Off Bottling, LLC and Appellation Trading Company, LLC (Type 02 licensed winegrower based in Napa) listing the fictitious business name “Groupon Wines” and bearing a GROUPON WINES word mark on the front label.  The wines include: Chatty […]

New Paso AVAs Available for Use in November

In early 2006, the Paso Robles AVA Committee (PRAVAC) began an organized outreach effort to growers and vintners across the Paso Robles wine country and kicked off the formal process of gathering historical and scientific evidence that would support the further definition of the distinctive wine regions within the Paso Robles AVA.  For many PRAVAC […]

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