LEX VINI

Attention Online Content Creators…

Online content creators, bloggers, influencers — wineries producing content for digital distribution — it’s time to file copyright applications for your works. The U.S. Copyright Office now offers the Group Registration for Short Online Literary Works (GRTX) registration option for “short online literary works” such as articles, columns, essays, blog entries, short stories, poems and […]

The Caribbean is Calling

As of February 24, 2023, Belize has officially joined the Madrid Protocol, becoming the 113th member of the system. This marks the fourth Commonwealth Caribbean nation and the third in three years to join, with the other members being Antigua and Barbuda (2000), Jamaica (2022), and Trinidad & Tobago (2021). Cuba is also a member […]

FTC Issues Proposed Non-Compete Ban To Spur Employee Mobility, Aligning with Existing California Law

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 […]

The Metaverse and Your Wine Brands

Every winery and wine brand will eventually need a Metaverse strategy. During the pandemic, some wineries have become adept at conducting on-line tastings and enhancing customer experience by providing virtual vineyard, winery and cellar tours. Wineries were compelled to connect online with customers like never before.  This is just the beginning. Wine businesses will need […]

USPTO Celebrating Women in Wine and IP

The U.S. Patent and Trademark Office is celebrating Women’s History Month by highlighting the numerous and remarkable accomplishments of women in all fields. To celebrate the many successes of women in the world of wine, the USPTO is offering a free event on March 24, 2021, that will showcase the stories of women working at […]

Trademarks at the Supreme Court: The Court Extends Trademark Registration to “Generic.com” Brands

On June 30, 2020, the Supreme Court issued its second and final trademark opinion of the 2019 – 2020 term. The first opinion resolved a circuit split on the availability of profit remedies for trademark owners; the second determined the eligibility for trademark registration of compound generic marks. In Romag Fasteners, Inc. v. Fossil, Inc., […]

DP&F’s Katja Loeffelholz Presented at Vancouver, BC, International Wine Festival Law Seminar

Dickenson Peatman & Fogarty attorney Katja Loeffelholz  presented “USA Wine Labeling Regulations” to the Wine & Liquor Law Seminar  held in conjunction with the Vancouver International Wine Festival this past Monday.  The seminar was the Ninth Annual Wine & Liquor Law gathering of wine and liquor industry professionals and covered new wine and liquor regulation, […]

What makes a wine from Texas a Texas wine?

Texans may soon find that the Texas wines on their local retailer shelves are, well, a bit more Texan. A Texas legislator has introduced a bill (HB 1514) which, if passed, would require that any wine indicating that it comes from the state or a geographical subdivision thereof must be made entirely from fruit grown […]

Consumer Deception and Geographic Brand Names – KONA BREWING CO.

In the past few years the alcohol beverage industry has seen numerous consumer protection lawsuits centered around allegedly deceptive advertising statements on alcohol beverage brands, such as “Handcrafted” for Tito’s vodka.  We previously blogged about this in the context of safe harbor defenses to such claims based on COLA approval. We may be seeing a […]

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 […]

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 […]

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 […]

California Court Issues Trademark Injunction Against Fresno’s Black Ops Brewery

New York based Brooklyn Brewery brought an action to enjoin the Fresno County Black Ops Brewery from any continued use of “Black Ops” on or related to beer products. The Court granted the injunction January 6, 2016. Brooklyn Brewery produces a single bottle Russian Stout (with a champagne cork) under the name “Brooklyn Black Ops,” […]

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 […]

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 […]

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 […]

THIS BUD IS NOT FOR YOU

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 […]

NYSLA Proposes Advisory for Trademark Licensing Agreements

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 […]

<.wine> gTLD on the Horizon; Protect your Brand Name

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 […]

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