LEX VINI

GDPR Is Here – The New European Union Data Protection Regulation Goes Into Force

You’ve probably received a barrage of emails in the past week from a wide variety of websites that you may (or may not) remember having an account with, telling you that they’re updating their privacy policies.  The reason: the European Union (“EU”) has reached the official start date of its new General Data Protection Regulation […]

China To Add 15% Tariff on U.S. Wine

As discussed in our previous post, Steel and Aluminum Tariffs Could Impact U.S. Alcohol Beverage Producers, retaliatory tariffs presented a risk to goods unrelated to those subject to U.S. tariffs. Now, China has indicated it will retaliate against U.S. tariffs on $60 billion of Chinese goods by imposing an additional 15% import tariff on U.S. […]

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 […]

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 […]

Dickenson Peatman & Fogarty to present “Exporting Wine to China” to Sonoma County Vintners

Dickenson Peatman & Fogarty attorneys will be presenting “Exporting Wine to China” to the Sonoma County Vintners on Wednesday, April 8th from 9:30am – 11:00am. The seminar will be held at the SCV offices: 3637 Westwind Blvd., Santa Rosa. “This is a timely seminar as our members will be heading to China on an export […]

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 […]

International Wine Law Conference Wraps Up in Vienna

The annual meeting of the International Wine Law Association wrapped up today in Vienna, Austria. The two day meeting featured speakers from Europe, South America, North America and Australia. Topics covered included wine law developments in up and coming wine markets, geographical indications, advertising restrictions for wine, use of expert testimony in litigation, how government […]

Exporting Wine to China Seminar Report – Part I

Dickenson, Peatman & Fogarty attorney Katja Loeffelholz, a registered attorney with the United States Patent and Trademark Office, recently presented at The Seminar Group’s “Exporting Wine to  China” program on “Protecting Intellectual Property.”   China represents the single largest growth opportunity for wine producing countries around the world.   China is a brand driven market.  So what are […]

Wine Institute Presentation on Protecting Your Brand in China

On July 24, 2012, Wine Institute held its California Wine Export Seminar at The City Club in San Francisco.  The highlight of the Seminar was a special panel presentation on the Chinese wine market featuring Maria Troen from Wine Intelligence, ZJ Tang from Chicago Chinese Cultural Institute, Pete Hou, Wine Institute’s trade representative in China, […]

Is Your Brand Safe in Asia?

China is the new darling of luxury good exports, including wine.  However, many wineries fail to fully consider the need to protect their trademark in China prior to doing business there.  Not only is counterfeiting a problem in China, but so is trademark squatting where Chinese nationals pre-emptively register foreign company trademarks.  Scott Gerien, the […]

Guest Blog: Clarification on Repudiation of Contracts in the UK

Our U.K. colleague, Andrew Park of APP Wine Law in Cheshire, England, recently posted a blog on his web site on a newly published case from the England and Wales Court of Appeal concerning the test for repudiation of contracts in the U.K.  The case indicates in determining repudiation the test is: “looking at all […]

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