by Lindsey A. Zahn on January 31, 2011
Today, my first external article related to wine and law was published by Palate Press. It discusses a recent issue concerning the wine blog community and aspects of copyright and fair use. Additionally, the article examines the applicable legal issues and sections of the Copyright Act of 1976. The Article is accessible at Copyright, Fair Use, and Wine Blogs.
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by Lindsey A. Zahn on January 27, 2011
Wines & Vines posted an interesting article on immigration and labor law in the wine industry. The article muses about particular growing issues the industry faces from a contemporary standpoint. Such issues were discussed at the 2011 Unified Wine & Grape Symposium in Sacramento, California. This article is particularly thoughtful, as immigration is a strong issue in many American political agendas, but does not reverberate as strongly in the wine industry. (The legal issues that receive more attention with respect to the wine industry are usually direct shipment laws, trademark and intellectual property rights, wine trade, and fraud.) As part of the exploration about wine law, this article is highly recommended and is accessible at Wines & Vines: Vineyard Labor and the Law.
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by Lindsey A. Zahn on January 24, 2011
Recently, Yantai Changyu Pioneer Wine ended a 10-year dispute with six wine companies over legal entitlement to the Cabernet trademark (解百纳 or phonetically, “Jie Bai Na”). The dispute over the trademark questioned whether Changyu could dominate the Cabernet trademark as its common ingredient used to produce wine and as a common industry term. In the settlement, Changyu agreed to share the Cabernet trademark with the six wine companies—Cofco Wines and Spirits, Cofco Great Wall (Yantai) Wine, Cofco China Great Wall Wine, Cofco Great Wall Wine, Sino-French Joint-Venture Dynasty Winery and Shandong Weilong Wine—without charge and without a time limit. (See CapitalVue News: Changyu Wine Settles 10-Year Legal Dispute.) Other wine producers are not authorized to use the Cabernet trademark. For more information on the chronology of the lawsuit, as well as on the trademark Cabernet, see Cabernet: a Brand or Generic Name? and Wine Confusion: Trademark Dispute Over Cabernet.
Yantai Changyu Pioneer Wine Company Limited is chiefly employed in the manufacturing and sale of wines and other alcoholic beverages. The company distributes mainly in the China coastal areas, as well as the middle and western portions of the country. For more information on Changyu Wines, see Changyu Homepage.
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by Lindsey A. Zahn on January 23, 2011
One of the greatest ways to learn more about a growing legal field like wine law is to attend conferences, listen to discussions between professionals, and to network with industry members. Two of the upcoming wine law conferences in North America include the following:
(1) Wine Law in Virginia — a two-day, comprehensive conference on wine law at the Sheraton Reston Hotel in Reston, Virginia, entitled, “New Regulations, Rules, Challenges And Practical Tips For Success.” The conference occurs January 31st and February 1st of this year and is presented by Law Seminars International. Some of the topics include wine industry legislation; effective land use strategies for vineyards and wineries; Internet marketing; brands, trademarks, and labels; tasting room liability and ADA compliance; employment law issues in the wine industry; and the complexities of Virginia’s new self-distribution laws. For more information, as well as to register, visit Wine Law in Virginia.
(2) Wine Law in British Columbia — held on March 29, 2011 in conjunction with the Vancouver Wine Festival at the Metropolitan Hotel Vancouver in Vancouver, British Columbia. The one-day conference is entitled, “Addressing New Legal, Regulatory and Business Developments.” Some of the topics include the economics of British Columbia wine product; updates on interprovinical shipping laws; revisions to tied-house rules; social media for wineries; and wine clubs and labeling requirements. For more information, as well as to register, visit Wine Law in British Columbia.
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by Lindsey A. Zahn on January 19, 2011
This is an official welcome back from On Reserve. Happy 2011! I want to use this entry to discuss the article on wine law I wrote for my law journal last semester and the research process. After spending a good portion of last summer in Europe, I received an invitation to join the Brooklyn Journal of International Law as an editor. After an incredible journey in some of the most prominent wine regions, my academic interest in wine and international law was only enhanced; alas, a law journal with an international nexus seemed like the perfect fit. I accepted the offer and immediately began thinking about my note—which I already knew would focus on wine law.
I originally toyed with writing about H.R. 5034 and the three tier distribution model, writing a comparative law piece on the direct shipment regulations of European countries. I feared preemption as, by the time my note was published, H.R. 5034 could easily be law or it could be tabled. I spoke with several attorneys who also advised that H.R. 5034 was far too political a topic on which to write a journal note (in the past, I read several journal notes dealing with the constitutionality of direct shipment, the 21st Amendment, and the commerce clause, but I also knew such topics did not contain as strong of an international nexus as is required by my journal). With that advice in mind, I deferred any thoughts on H.R. 5034 and explored new topics.
Alas, one night while writing an article about Australia’s ratification of a new wine trade agreement with the European Communities (EC), I discovered my topic: the adaptation of stricter protection for semi-generic wines in the United States. (In September 2010, the gap between non-European and European winemakers widened when Australia ratified an agreement that enforces stricter and more adequate legal protection of European wines and prohibits Australian wine products from using semi-generic names originating in the EC, including Champagne. For more information, see prior On Reserve entries including Australia Adopts EU’s Geographical Indication System, Agreement Between Australia and the European Community on Trade in Wine, and The Impact of the EC-Australia Wine Agreement and TRIPS on Australia Law and Trade.) The original thesis was very broad, arguing for full adaptation of Australia’s new agreement, until I examined every provision of the Australia agreement and determined which could indubitably apply to the United States in the international wine trade. Essentially, the article developed into a piece that advocates the adoption of a similar trade agreement to that between Australia and the EC by the United States for semi-generic wines like Burgundy, Chablis, Champagne, Claret, Marsala, Moselle, Port, Sautrene, and Sherry. The culmination is forty-six pages, almost 250 footnotes, and entitled, “Australia Corked Its Champagne and So Should We: Enforcing Stricter Protection for Semi-Generic Wines in the United States.” Essentially, this is my wine law research baby.
I so naturally enjoyed researching and writing my note and the end result clearly confirms this. Whereas I researched throughout my four years at Cornell (and before) and was published in the past, I do not think my prior experiences granted me the type of excitement I was so lucky to endure while writing this note on wine law. What started as a natural academic curiosity about a very particular field of law leads me to question my career path every day: should I pursue a legal career focusing on the international regulation of wine? My strongest fear is how niche this area of law is, but I know that many of the skills I could obtain as a wine lawyer will absolutely carry over to other areas of the law. I am also aware that my enthusiasm for this particular legal cavity is more fervid than any other area of the law I am yet to come across and I know, with that power, I would contribute much academically.
I still have (at least) one year ahead of me before I decide where I will step forward post-graduation, but for now, I am applying to spend part of the summer at the University of Reims in Champagne, France at the second annual Wine & Law Program. I am also working on several external publications, access to which will be provided upon publication, and I will be the research assistant for one of the international law professors at Brooklyn Law this upcoming semester. Until then, I always welcome your comments, questions, and ideas at lazahn@winelawonreserve.com.
Best Regards,
Lindsey A. Zahn
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by Lindsey A. Zahn on January 17, 2011
The Wine & Law Program of the University of Reims in Champagne, France announced its 2011 summer session on Wine Law in the EU. The program takes place June 20th through July 11th and includes a two-week, intense course (entirely in English) focusing on the legal aspects of wine trade with and within the EU. “This year the Program will focus on transatlantic wine trade law. It will examine different aspects of EU and US wine law as well as the relevant legal framework of the WTO. Courses on wine marketing and wine geography will also be offered with special emphasis to EU-US wine trade. And as always, the Summer School is also about wine tasting, sightseeing and socializing. Receptions, visits to Champagne-related sites and special events are organized for the participants.” The program has several prominent wine industry businesses as its sponsors, including La Merne, Epernay, and Moët Hennessy.
Further information is available at the main website, Wine & Law Program, and applications for the 2011 summer program are available at 2011 Summer Application.
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by Lindsey A. Zahn on January 12, 2011
Here is some exciting news for fellow scholars of wine and law: Richard Mendelson, the international expert on wine and vineyard law, is to publish a new book this year through Aspen Publishers titled Wine in America: Law and Policy. I came across this tidbit while conducting some research for my journal note last semester, but I am unable to determine when or where this publication will be available. If you have more information as to the nature of Mr. Mendelson’s publication, please contact me at lazahn@winelawonreserve.com and I will post a subsequent entry confirming such.
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by Lindsey A. Zahn on January 11, 2011
Today, The Washington Post featured an interesting article regarding wine mixed with policy and law in America. The article is a great read for all wine fanatics and is available at Wine Predictions for the Washington Area and Beyond. The article muses about direct shipment laws and specifically mentions the recent by The Specialty Wine Retailers Association for the Supreme Court to review the Texas ban on out-of-state retailers that ship dreictly to Texas residents.
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