Update January 23, 2014: The Drinks Business reported today that Veuve Clicquot denied filing suit against Ciro Picariello and instead contends that the Champagne company contacted the Italian sparkling wine producer to note the “similarity” of the labels and see if there is any way Ciro Picariello’s label could “evolve”…
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.
French Winemakers Face Prosecution for Refusing to use Pesticides
I just finished reading an eBook, Into Wine, written by French sommelier Olivier Magny. As I am sure many can agree, I think it important to continually read about industry developments and about wine generally. While I enjoyed Mr. Magny’s publication, what I found most interesting was his discussion about organic and…
Napa Valley Duckhorn Wine Co. Sues Duck Commander Wine, Alleging Trademark Infringement
A few months ago, On Reserve reported about Napa Valley’s Duckhorn Wine Co. and its suit against Long Island-based Duck Walk Vineyards. See Duckhorn Wine Co. Files a Complaint Against Duck Walk Vineyards Alleging Consumer Confusion on Wine Labels. We were a bit skeptical as to the argument for consumer confusion for…
TTB Issues Public Guidance on Wine Export Certificates for U.S. Wines Exported to China
On December 17, 2013, TTB issued a public guidance on Wine Export Certificates for U.S. wines that are exported to the People’s Republic of China. See General Instructions for “Wine Export Certificate” for U.S. Wine Products Exported from the United States to the People’s Republic of China. Previously, the People’s Republic of…
Revisiting the Volstead Act: The Power Behind the Eighteenth Amendment for Prohibition
Happy National Repeal Day! In honor of the repeal of the National Prohibition Act on December 5, 1933, we thought it appropriate to re-post an article originally written two years ago on the Volstead Act. See Revisiting the Volstead Act: The Power Behind the Eighteenth Amendment for Prohibition; see also Revisiting the Roads to…
Hennessy Wins Trademark Infringement Case in China Against Beijing Company
The Drinks Business reported last week that renowned cognac producer Hennessy won a trademark case in China against a Beijing company for trademark infringement and unfair competition. As demonstrated previously, China can be a difficult market for true brand owners to obtain trademark. See, e.g., Kasite Trademark Sours for French Vintner Caste; see also What’s…
No Likelihood of Confusion for Domaine Pinnacle Apple Juice and Pinnacles Ranches Wine
Domaine Pinnacle, Inc., a Canadian-based apple orchard and cidery, filed an intent-to-use application to register a mark in International Class 33 for apple juices and non-alcohol-based beverages on December 30, 2005 (mark pictured right). The description of the mark is as follows: “The mark consists of A drawing of an…
Eighth Circuit Affirms Decision Against Southern Wine & Spirits Allowing Discrimination Against Out-of-State Wholesalers
In September, the Court of Appeals for the Eighth Circuit decided a case with respect to wholesale licensing in the state of Missouri. Southern Wine and Spirits of America, Inc. (“SWSA”), the plaintiff-appellant, appealed from a lower court decision. The plaintiff-appellant, a foreign alcohol wholesaler, applied for a license to…
French Wine Company Castel Frères to Pursue Trademark Battle Against Panati in China’s Supreme Court
A few weeks ago, On Reserve documented the story of Château Listran and the winery’s inevitable trademark defeat in the Chinese market by way of brand squatters. This week, we bring you a very similar story detailing the grievances of China’s trademark laws and impact on true brand owners who pursue…
Prêt à Boire: A Mark “Ready to Register” on the USPTO Supplemental Register
On September 30, the United States Patent and Trademark Office Trademark Trial and Appeal Board issued a decision, In Re Amuse Bouche LLC, for Trademark Application No. 77965809, originally filed March 23, 2010. See In Re Amuse Bouche LLC, Application No. 77965809 (September 30, 2013). Scott Bibb was the Trademark Examining Attorney and the…