LEX VINI

Don’t Forget – Starting January 1, Eligible Licensees Can Amend TTB Permits To Eliminate Bonds

As of January 1, 2017, if you are currently licensed with TTB as a brewery, distilled spirits plant or winery and owed less than $50,000 in excise taxes in 2016, and expect to owe less than $50,000 in 2017, you will no longer be required to hold a bond.  This is great news for all […]

Protecting Wine Origins is Pro-Consumer and Pro-Industry

TTB’s attempt to put an end to an inherently misleading labeling practice and protect the AVA wine origin labeling rules has garnered significant reaction from certain commentators and some in the industry.  In order to shed some light on the proposed amendments to federal labeling rules and why Napa Valley Vintners, the Wine Institute, over […]

CA ABC Issues Warning About Potential Scam

The California Department of Alcoholic Beverage Control has issued a warning that licensees are being targeted by a possible scam.  Apparently, licensees have been receiving calls from someone claiming that, as a result of an ABC violation, the licensee must pay a fine.  In short, the ABC does not operate in this manner, and if […]

The Golden State Goes Green; New Law of the Land

20 years after pioneering the medical marijuana movement Californians have again spoken out for their right to use marijuana. With the passage of proposition 64, marijuana is now treated very similar to alcohol in the State of California.  Essentially anyone in the state over the age of 21 may grow, purchase, possess and use marijuana […]

CEB Wine Law Forum (Nov. 3-4 in Santa Barbara)

Thursday and Friday, November 3rd and 4th Santa Barbara, California The annual CEB Wine Law Forum,™  will take place on November 3rd and 4th in Santa Barbara, California.  The Forum, sponsored by the International Wine Law Association, will address Events, Festivals & Social Media, Direct-To-Consumer Sales and Franchise Laws and the Balancing of Local Concerns […]

TTB Proposes to Shut Down COLA Exemption Appellation Labeling Loophole

The U.S. Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has proposed amendments to federal wine labeling laws that protect the integrity of the appellation of origin labeling system in its Notice of Proposed Rulemaking No. 160 (NPRM 160).  If adopted, the proposed amendments would close off a loophole that allows certain […]

USPTO Makes Cannabis Trademark Go Up In Smoke

This past week the Trademark Trial and Appeals Board of the U.S. Patent and Trademark Office issued a blow to cannabis businesses attempting to protect their brands. In a precedential decision, In re Morgan Brown (click here for full decision), the Board affirmed the refusal to register the mark HERBAL ACCESS for “retail store services featuring […]

Alert: Court Denies AB 1513 Injunction – Safe Harbor Deadline Now July 28, 2016

Today, the Fresno County Superior Court denied Nisei Farmers League’s request for a preliminary injunction staying the enforcement of AB 1513’s affirmative defense deadlines.  AB 1513 is recent legislation specifying how nonproductive time should be compensated for employees paid by piece-rate.  The new deadline to file with the DIR is July 28, 2016. Under AB […]

ALERT: Legal Challenge To AB 1513 Filed. Deadline to file for Safe Harbor protections extended to July 18, 2016.

Nisei Farmers League filed a lawsuit on June 27, 2016 in Fresno Superior Court challenging the legal validity of certain provisions of AB 1513 governing payment for nonproductive time for employees compensated by piece rate. The extension of time to file for safe harbor protections with the California Labor Commissioner was extended in order to provide […]

Brexit! What happens to my EU Trademark Registration?

As of this writing, CNN is reporting that there is no possibility that the “remain” proponents will prevail in UK’s Brexit vote. By now we all know that “Brexit” refers to Britain’s vote to exit membership in the EU. And now it appears the Brexit will occur. In a February 2016 report, Wine Institute United […]

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