Last week I had the long overdue pleasure of spending some time in Napa Valley. It was a short trip but a special one. And well-timed too, with much of the North East covered in snow and slush. Special thanks to Somerston Estate in St. Helena and brand Ambassador Ben Brenner for…
Author: Lindsey A. Zahn
Lindsey is the founder and author of On Reserve: A Wine Law Blog. She is an attorney and the Managing Partner of the alcohol beverage and food law firm Lindsey Zahn P.C. Lindsey is admitted to the New York State Bar.
Bill Introduced to New York State Assembly Supports Empire Wine
As reported by The Albany Times Union and Capitol Confidential, a bill was introduced this week to the New York State Assembly by Assemblyman Phil Steck that proposes to amend New York State’s alcohol beverage laws. See Bill Supports Empire Wine Sales; Bill Would Curb SLA’s Power Over Out-Of-State Wine Shipments. The bill will reportedly stop…
South Dakota Opens Doors to Direct Shipping of Wine
Last week, the South Dakota Governor Dennis Daugaard signed a bill (HB 1001) into law allowing the direct shipment of wine and making South Dakota the 43rd state to allow direct-to-consumer shipping of wine. See South Dakota Governor Signs Direct-to-Consumer Wine Shipping Bill into Law. According to The Financial, the law’s provisions go into effect…
On Reserve Author to Teach at University of Reims’ Wine & Law Program
It is with great honor that I share the following: This summer, I will be teaching a course on U.S. Wine Law at the Wine & Law Program at the University of Reims. Four years ago, I had to absolute pleasure of attending the Program and exploring my burgeoning interest in…
TTB Provides New Guidance on Annual Filing Requirements for Wineries
This week, TTB issued a new guidance on the annual filing requirements for wineries. The guidance announced that, for wineries meeting certain requirements, excise tax returns and reporting requirements may be filed annually. Specifically, this refers to the Excise Tax Return (TTB Form 5000.24) and the Report on Wine Premises Operations…
Post-Pom Wonderful and the Not So Wonderful Impact on Alcohol Beverages
In June of last year, the Supreme Court decided a rather revolutionary case for the food industry: Pom Wonderful LLC v. The Coca-Cola Company. The case, which was commenced by Pom Wonderful, questioned the label of a competitor’s product, Coca-Cola’s Minute Maid Blueberry Pomegranate juice. The Minute Maid label contained the words…
Hillside Select: Napa Vintner Sues Angwin Winery Over Name
Napa Valley vintner Shafer Vineyards recently filed suit against Angwin, California winery owner, Mike Beatty (doing business as Howell Mountains Vineyards) for use of the term Hillside Select on its wine. Shafer Vineyards—who according to the USPTO database registered the mark Hillside Select in January 1990—alleges Mr. Beatty used the Napa Valley vintner’s registered…
Vignerons de la Méditerranée sues Westchester County Importer Pasternak
On January 5, 2015, plaintiff Vignerons de la Méditerranée (“VM”) filed a complaint in the Supreme Court of the State of New York County of Westchester against Harrison-based importer Pasternak Wine Imports (defendant). The complaint names Domaines Barons de Rothschild (“DBR”) as a co-defendant to the complaint. Pasternak was the…
Trademark: Can a Last Name be Confusingly Similar for a Wine?
Joseph Barton, Applicant, sought to register the mark (in standard characters) BARTON FAMILY on the Principal Register in international class 33 “wine; wines.” See In re Thomas Barton, Serial No. 85826787 (Dec. 11, 2014) [not precedential]. The Trademark Examining Attorney refused registration of Applicant’s mark under Section 2(d) of the Trademark Act, 15 U.S.C….
Massachusetts Accidentally Deletes State Law Allowing Farm Wineries to Self Distribute
As many wine and direct shipping advocates are aware, the new year marks a step forward for Massachusetts: the legalization of direct to consumer shipping for U.S. wineries shipping to Massachusetts customers. In 2013 and 2014, former NFL quarterback Drew Bledsoe lobbied to pass a Massachusetts law in favor of direct…