Opener
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
In a recent precedential case before the Trademark Trial and Appeal Board, the fame of the trademark BUD for beer owned by Anheuser-Busch, LLC (Anheuser) played a dominant role in the Board’s finding a likelihood of confusion between BUD for beer and WINEBUD for wine (and other alcoholic beverages). The Board found that Anheuser’s evidence […]
On July 13, 2015, Governor Jerry Brown signed AB 304 amending California’s brand new paid sick leave law (Labor Code 245 et seq.). The full text of the bill and its amendments to the law can be found here. The most significant change for the wine industry is the rate of pay for sick leave. […]
The New York State Liquor Authority is considering adopting an advisory regarding trademark licensing agreements between retailers and alcohol beverage producers. If adopted, the advisory would prohibit certain trademark licensing agreements between retailers and suppliers (i.e., producers and wholesaler) that involve a licensing fee based upon a percentage of sales or that otherwise “correlate[s] with sales.” According […]
In 2013, the Internet Corporation for Assigned Names and Numbers (“ICANN”), the non-profit organization responsible for managing the Internet’s domain identifiers, began rolling out new generic top-level domains (“gTLDs”). The most popular gTLD is <.com>. Specific domain names are registered under a specific gTLD, e.g., <gallo.com>. However, ICANN believed that in time the <.com> gTLD […]
Willamette Valley, one of the most well regarded American Viticultural Areas, may be getting a wee bit bigger. Last week, the Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) published a notice of proposed rulemaking detailing the proposed addition of approximately 29 square miles (which constitutes less than 1% of the existing […]
Napa County’s Agricultural Protection Advisory Committee will be holding a hearing on Monday, April 27, 2015 at 9:00 am to discuss (1) the minimum parcel size for establishing new wineries in the agricultural preserve, (2) the net loss of vineyards associated with winery development and/or expansion; and (3) the role of estate grapes in winery […]
When is a small producer not a small producer? That was the question answered by a federal district court in a case that centered on a winery’s ability to claim a small producer tax credit for wine produced at another winery (K Vintners v. U.S., Case No. 12-cv-05128-TOR (E.D. Wa. Jan 21, 2015)). Background on the Small Producer Tax Credit. […]
Last week, the Napa County Board of Supervisors appointed members to the recently-formed Agricultural Protection Advisory Committee (“APAC”). APAC is an advisory body of the Napa County Planning Commission, and it was formed in order to evaluate and make policy recommendations on Napa County’s Winery Definition Ordinance and other regulations governing winery development within Napa […]
Festival season approaches, and many promoters reach out to supplier-side licensees (including wineries and breweries) asking them to participate in or sponsor such events. Here are five important tips to keep in mind when participating in, or deciding whether to participate in, such events held in California: 1) Make sure your sponsorship is legal. Who? California ABC […]
In 2008, TTB published an Industry Circular- Alternating Proprietors at Bonded Wine Premises (http://www.ttb.gov/industry_circulars/archives/2008/08-04.html). The Circular sets the parameters for establishing an alternating proprietor (AP) relationship that will satisfy TTB regulations. The structure, although called an alternating proprietorship, is fundamentally a lease arrangement involving two parties: the AP and the “host” winery. The AP is […]