Opener
During a review of wine labels on ShipCompliant’s LabelVision database, we came across several new COLAs issued to Top it Off Bottling, LLC and Appellation Trading Company, LLC (Type 02 licensed winegrower based in Napa) listing the fictitious business name “Groupon Wines” and bearing a GROUPON WINES word mark on the front label. The wines include: Chatty […]
In early 2006, the Paso Robles AVA Committee (PRAVAC) began an organized outreach effort to growers and vintners across the Paso Robles wine country and kicked off the formal process of gathering historical and scientific evidence that would support the further definition of the distinctive wine regions within the Paso Robles AVA. For many PRAVAC […]
This is the way most franchise law litigation ends: not with a bang, but with a whimper. After over a year of legal jostling, Diageo and Major Brands have apparently reached settlement, according to Missouri news outlets. Suppliers trying to terminate their relationship with a Missouri distributor should closely review a state court opinion issued in the same […]
Nine years ago, the U.S. Supreme Court held that a New York law that discriminated against out of state wineries violated the Commerce Clause, and rejected arguments that the 21st Amendment protected such laws from constitutional scrutiny. New York now finds itself at the center of yet another Commerce Clause/ 21st Amendment controversy pitting Empire Wine & Spirits LLC, […]
After 18 months of discovery and motion practice, Diageo and Missouri distributor Major Brands will have their day in court to determine if state franchise law prevents Diageo from terminating its Missouri distribution agreement. In March 2013, Major Brands brought suit in Missouri state court against Diageo and its new Missouri distributor, Glazer’s, claiming that the […]
Both the California Department of Alcoholic Beverage Control (“ABC”) and the Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) have made information available on their websites for alcohol beverage businesses (including producers, wholesalers, and retailers) seeking earthquake related information. Here are links to those bulletins: ABC’s Earthquake-Related Information for ABC Licensees TTB’s […]
With Sunday’s earthquake still fresh on people’s mind, members of the wine growing community gathered at Napa’s Meritage Resort & Spa for the North Bay Business Journal’s annual “Impact: Napa” conference. DP&F’s Richard Mendelson served as the moderator and DP&F was one of the two underwriters for the conference. Napa County Board of Supervisors Chairman Marc […]
DP&F attorneys Scott Gerien, Jim Terry, and John Trinidad will be panelists at the Wine and Spirits Law Academy. The conference, co-sponsored by UC-Davis and the Wine & Law Program from the Université de Reims (Champagne, France), brings together an international group of practitioners and academics to discuss some of the key legal and regulatory issues facing the wine and spirits industries. Of […]
In an effort to raise the Cava brand image, the Cava Regulatory Board (Consejo Regulador del Cava) has announced plans for the establishment of a “Single Estate” classification — Cava del Paraje Calificado – for use on wines sourced from single, estate owned vineyards and allow DO Cava wines to compete in a premium price […]
On July 8, 2014, Governor Jerry Brown signed a bill allowing state licensed winegrowers (Type 02 license holders) to host “instructional tasting events” at certified state farmers’ markets. The bill (AB 2488) passed the Senate last month and had the support of the Wine Institute and Family Winemakers of California. Prior to the law’s passage, […]
The Boston Consulting Group (BCG) recently released a study finding that the U.S. beer market is “open, freely competitive and driven by consumer choice.” BCG concludes its study by imploring lawmakers to be “skeptical of complaints (legal or otherwise) that the marketplace favors only large players.” In other words, BCG appears to argue that regulators should maintain […]
The June 2014 issue of Practical Winery & Vineyard features an article by DP&F’s Katja Loeffelholz titled “Branding Agricultural Commodities.” The articles provides growers with a detailed summary of the importance of protecting their vineyard’s brand. You can access the article by clicking on the image below. For more information on how you can secure trademark rights, please […]
Friday, June 27, 2014 Dickenson, Peatman & Fogarty’s Of Counsel Richard Mendelson and Senior Alcohol Beverage Attorney Bahaneh Hobel will be presenting a wine law refresher course to members of the Napa Valley Vintners. This presentation will include an overview of federal, state and local licensing issues including sponsorships, private and charity events, contests and sweepstakes and third party […]
Wine Business Monthly recently published an article by DP&F attorneys Katja Loeffelholz and John Trinidad on wine labeling legal and intellectual property issues. You can access the article using the following link: “Avoiding Label Approval Issues” (Published with the permission of Wine Business Monthly).
“Regulators should differentiate between regulations that truly protect consumers and those that protect the regulated.” So concluded the Federal Trade Commission in a recent blog post criticizing franchise laws in the automobile industry. Tesla Motors, a leading manufacturer of high-end electric cars, implemented a sales model to allow it to sell cars direct to consumers. […]
The New York State Liquor Authority issued a stern reminder that tied house laws are not only still on the books, but will be strictly enforced. On Tuesday, March 25, the NYSLA accepted a plea offer from the numerous entities associated with restaurateur Joe Bastianich to pay $500,000 penalty, close down Manhattan-based wine store Eataly […]
Earlier this week, Missouri distributor Major Brands, Inc. won the most recent round in its year-long franchise law litigation with Diageo Americas, Inc. The federal district court in Connecticut has dismissed Diageo’s complaint, and the parties dispute appears to be gearing up for a trial in Missouri state court this summer. Last March, Diageo brought […]
By Katja Loeffelholz, Dickenson, Peatman & Fogarty The prominence of vineyard-designated wines is another lesson in value-added agricultural branding which presents both the winery and the vineyard owner or lessee with a number of marketing and legal issues. Recognizing the value of vineyard designated names, vineyards have long been designating blocks within their vineyards with […]
Winegrowers vying to become the 18th American Viticultural Area in Oregon have reached an important milestone. On February 26, 2014, a new notice of proposed rulemaking was published in the Federal Register, soliciting comments regarding the proposed “The Rocks District of Milton-Freewater” AVA. The comment period is open until April 28, 2014, and comments can […]
As a friendly reminder to all alcoholic beverage industry members, consignment sales of alcoholic beverages are illegal under both California and Federal law. Consignment sales are transactions where title to the alcoholic beverages in question is retained by the seller or where the licensee receiving the alcoholic beverages has the right at any time to […]