Opener
Thursday, January 5, 2023, the FTC issued its proposal to prohibit non-compete clauses in employment agreements in an effort to boost wages and competition, citing worker mobility as essential to a thriving U.S. economy. California has long prohibited such clauses pursuant to Business and Professions Code Section 16600. The FTC’s proposed rule is shining a […]
Agricultural producers facing continued market disruption due to COVID-19 can apply for the Coronavirus Food Assistance Program 2 (CFAP 2) now through December 11, 2020. President Trump and U.S. Secretary of Agriculture Sonny Perdue announced this expansion of the Coronavirus Food Assistance Program on September 17, 2020. The program continues to provide producers with financial […]
On May 2, 2019 the USPTO released its Examination Guide 1-19, Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill (here: https://www.uspto.gov/sites/default/files/documents/Exam%20Guide%201-19.pdf) , which aims to clarify the procedure for examining marks for cannabis and cannabis-derived goods and for services involving cannabis and cannabis production following the […]
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 […]
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 […]
Resolving a circuit split, the Supreme Court in Hana Financial, Inc. v. Hana Bank, et al., 574 U. S. ____ (2015) on Wednesday unanimously affirmed a Ninth Circuit decision that the issue of “tacking” – where a trademark user modifies its mark over time while managing to retain its longstanding use and priority position over […]
We are proud to announce Chris Passarelli’s feature article in the September 2014 issue of Wines &Vines/Practical Winery & Vineyard Magazine, regarding the ongoing controversy centered around the emerging .Wine TLD and its impact on the wine industry and consumers. A link to the article (on page 58-59) is available here. Chris Passarelli and Scott […]
Strict packaging regulations in countries outside of the U.S. (particularly Asian countries such as Thailand) for products considered to pose public health risks is nothing new. We have seen health warnings covering virtually the entire package, and graphic depictions of diseased lungs, kidneys and other organs adorning alcohol and cigarette packaging in the past. Now […]
Plaintiff San Antonio Winery, Inc. (“SAW”) filed suit against Constellation Brands last August in the Central District of California, alleging trademark infringement, false designation of origin, and unfair competition due to Constellation’s promotion and sale of fizzy, low-alcohol, sweet (“FLAS”) red wine under the mark ROSATELLO. SAW claims trademark rights in the mark STELLA ROSA […]
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 […]