LEX VINI

Employment Laws for January 1, 2016

Ringing in the New Year means time to implement the latest California employment laws.  Here is a summary of some of the more significant ones.  For more detailed information contact Jennifer Douglas Phillips via email. Minimum Wage: The California minimum wage increases to $10.00 per hour.  Don’t forget this also means that salaried, exempt employees must […]

New Alcohol Beverage Regulations Give Licensees Expanded Rights and Privileges in the New Year

Beginning on January 1, 2016, new provisions of the California ABC Act will go into effect that will, among other things, provide industry members with additional rights and privileges related to marketing, events and promotions, and will also create a new Craft Distiller License.   A summary of a few of these important new statutory provisions […]

COLA’s Provide Scant Protection from Class Action Lawsuits

ShipCompliant recently published a guest blog post by DP&F Wine Law attorney John Trinidad on the class action lawsuits claiming that the use of the term “handmade” on vodka bottles constituted false or misleading information under state consumer protection laws.   Over the past year, a slew of class action lawsuits have been filed claiming that […]

Protecting Wine Brands in Central America, South America and the Caribbean

The growth of trademark applications in Latin America continue to climb.  Recently, we have noticed an increase in Latin America trademark filings for wine brands that are identical or confusingly similar to our client’s U.S. brands.  These have NOT been instances of brand hijacking. These are cases where the identical or similar brand has sought […]

New York Aims to Modernize State Alcohol Beverage Laws

New York alcohol beverage producers, wholesalers and retailers take note:  there may be some changes coming your way.  Governor Andrew Cuomo has announced the creation of an industry working group to recommend revisions to the state’s Alcoholic Beverage Control Laws.  The group, to be headed up by NY State Liquor Authority Chairman Vincent Bradley, is […]

Bella Union Winery and Union Wine Co. Settle Trademark Dispute

The ongoing litigation between California’s Bella Union Winery, owned by FN Cellars, LLC (owner of Far Niente) and Union Wine Co. of Oregon, over rights in the parties’ respective trademarks (BELLA UNION vs. UNION WINE CO.) has now concluded.  On Wednesday, October 28, 2015, the parties filed a stipulation to dismiss all claims currently before […]

Clock is Ticking for Trademark Owners for .wine Generic Top-Level Domain

As we’ve previously reported, the Internet Corporation for Assigned Names and Numbers (ICANN) has been selling hundreds of generic top-level domains (gTLDs)  to domain name registries for $185,000 each.  These registries then authorize domain name registrars to sell domain names to the public under the gTLDs that the registries have purchased.  The registry called Donuts […]

CEB Wine Law Forum (Nov. 5-6 in Paso Robles)

Thursday and Friday, November 5th & 6th Paso Robles, California Three DP&F attorneys will be speaking at the annual CEB Wine Law Forum,™  taking place on November 5th and 6th in Paso Robles, California.  The Forum, sponsored by the International Wine Law Association and moderated by DPF’s Richard Mendelson,  will address Water Regulation, the AVA System, and Employment Law.  Mr. […]

New Law Amends California Tied-House Law

Governor Jerry Brown has signed AB 780, a law which helps clarify the rules that permit an alcohol beverage producer, importer, or wholesaler (collectively, a “supplier”) to list or mention on- and off- premise retailers in supplier-sponsored advertising, including supplier websites and social media channels.  As described in more detail below, the new law is fairly […]

ASCAP (ESCAPE) TO WINE COUNTRY

What should you do when copyright owners come a-knockin’? Wineries throughout Sonoma and Napa Valley have recently received legal notices from copyright owner groups, threatening legal action for unauthorized live and recorded musical performances in their tasting rooms, etc. which feature songs subject to copyright protection. The American Society of Composers, Authors and Publishers (ASCAP) and Broadcast […]

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