The Biltmore Company, Applicant, sought to register the mark CENTURY (in standard characters) for wine in International Class 33. See In re The Biltmore Company, Serial No. 85561663 (Nov. 21, 2014) [Not precedential]. Originally, the Trademark Examining Attorney refused registration under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), on the…
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.
Jamieson Ranch and Pernod Ricard Reach Settlement in Trademark Lawsuit
Earlier this year, On Reserve reported about the declaratory judgment suit launched against against Pernod Ricard’s Irish Distillers Limited, owner of the renowned Jameson Irish Whiskey, by Napa Valley-based vineyard Madison Vineyard Holdings, LLC, the owner of Jamieson Ranch. See Jamieson Vineyards Takes On Pernod Ricard’s Irish Distillers. The complaint was filed in response to a cease and desist…
Coming Soon to a Menu Near You: Alcohol Calorie Counts
Last week, the FDA published a final rule in the Federal Register that mandates calorie and nutrition information be listed on menus and menu boards to certain restaurants and retail food establishments. The requirements, which go into effect on December 1, 2015, extend to restaurants and retail food establishments that are part of…
On Reserve Author Quoted in The Wall Street Journal
The Wall Street Journal recently published an article detailing the New York State Liquor Authority (“NYSLA”) and Empire Wine dispute on retailer direct shipment to consumers. The retailer originally filed suit against the NYSLA in September, shortly after the Authority issued a letter to Empire stating the retailer violated a state…
New York Winery Defeats NYSLA’s Bid to have Liquor License Revoked
Justice Doris Ling-Cohan, a Manhattan judge, reversed the New York State Liquor Authority’s (“NYSLA”) decision to revoke the license of a Long Island farm winery. The judge dismissed three charges brought on behalf of the NYSLA against Vineyard 48, a Southold, Long Island-based farm winery. Justice Ling-Cohan noted that the…
On Reserve Named Top 100 “Blawgs” by American Bar Association Journal
It is truly an honor to share that On Reserve was named one of the top 100 legal blogs or “blawgs” of 2014 by the American Bar Association Journal (“ABA”). This nomination is incredibly exciting for On Reserve, which was just added to the ABA’s blog directory this last year. From the ABA…
Court Dismisses Empire’s Lawsuit Against NYSLA
A New York State Supreme Court dismissed a lawsuit launched by Empire Wine against the New York State Liquor Authority (“NYSLA”). In an 11-page ruling, Justice George Ceresia rejected Empire’s complaint that the statute upon which the NYSLA is relying is excessively vague, and denied Empire’s request for a preliminary injunction preventing…
Arcata Not Primarily Geographically Deceptively Misdescriptive of Wine
In a recent TTAB decision, the Board found that Arcata was not primarily geographically deceptively misdescriptive of wine. The Applicant, D’Andrea Family Limited Partnership, sought to register the mark ARCATA in standard character form for “Wine” in International Class 33. In re D’Andrea Family Limited Partnership, Serial No. 85834204 (Oct….
Governor Cuomo Signs Craft New York Act, Promoting Craft Beverage Industry
On November 13, 2014, Governor Cuomo signed the Craft New York Act, a craft beverage law that cuts burdensome restrictions and eases marketing requirements for craft beverage producers. Additionally, to further develop New York’s growing craft beverage industry, Governor Cuomo also launched the Craft Beverage Grant program, which creates a $2 million Craft…
The Term “Blends” Is Merely Descriptive of Wine
Ren Acquisition, Inc. (“Applicant”) sought registration on the Principal Register of the marks BLENDS and BLENDS, INC in standard characters for the marketing, advertising, and promotion of the sale of wine in International Class 35. In re Ren Acquisition, Inc., Serial Nos. 85787527 and 85787531 (October 3, 2014). Applicant disclaimed…