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 […]

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