Articles by: Gina Conklin

Stella Rosa Trumpets Pyrrhic Trade Dress “Victory” Over Constellation

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 […]

North Coast Environmental Groups Issue Warning that Frost Protection Activities May Violate the Endangered Species Act

California River Watch, Coast Action Group, and Forest Unlimited have issued the attached letter to North Coast vineyard owners and operators that divert water for agricultural purposes in the North Coast. The letter warns that water diversions for frost protection could result in the “take” of threatened and endangered salmonids in north coast streams, not […]

Exporting Wine to China Seminar – Part II

New Chinese Trademark Law – Effective May 1, 2014 For decades, China has been criticized for shielding “trademark hijackers” – individuals or entities who have registered well known U.S. marks in China despite having no affiliation with that brand. If a winery failed to apply for their trademark in China often it was not too […]

E-Verify Requirements for Farm Labor Likely to Increase Following Supreme Court Decision

E-Verify is the federal government’s electronic employment verification system. It is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States. The E-Verify system is operated by the Department of Homeland Security in partnership […]

The Fair Treatment of Farmworkers Act: A Game Changer for Agricultural Employers

While many employers have focused their attention on the stalled Employee Free Choice Act over the past few years, another more targeted bill has quietly made its way through the California legislature. Senate Bill 104, the “Fair Treatment of Farmworkers Act,” would effectively eliminate secret ballot elections for organizing farmworkers by creating a “card check” […]