As many wine law enthusiasts know, the issue of direct shipment is a significant legal issue for wineries selling in the U.S. The legal atmosphere within the states is continually changing with new regulations, so it is important for wine industry professionals to stay up-to-date on direct shipping. This October,…
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.
A Scarlet and The Scarlet Letter: The Story of In re Steele Wines, Inc.
In July of 2012, Steele Wines, Inc. filed an application to register a mark with the U.S. Patent and Trademark Office asserting use in commerce since May 2012. See 15. U.S.C. § 1051(a). The mark, which is pictured below, features the words, “A Scarlet 2009 Lake County Red Wine” with a woman in…
TTB to Review its Policy on the Term “Gluten-Free” for Alcohol Beverage Labeling
On August 22, 2013, TTB announced that the agency will be reviewing its policy on the use of the term “gluten-free” on alcohol beverages that are regulated by TTB. See Use of “Gluten-Free” on TTB-Regulated Alcohol Beverages. This announcement is timely because, as TTB properly highlighted, the United States Food and Drug…
18th Annual National Conference for Wine, Beer & Spirits Law in San Diego this September
Continuing Legal Education (“CLE”) International is hosting its 18th annual national conference on wine, beer, and spirits law. “For the past 17 years, this program has brought together the premier in-house counsel, private attorneys, regulators, retailers, wholesalers, distributors, vintners, and others involved in the alcohol beverage industry. This year will…
Revisited: Granholm v. Heald and the Wine Industry
This blog entry was originally posted on August 7, 2010, five years after the Supreme Court decided a major case impacting the wine industry. The decision Granholm v. Heald remains important to the wine industry and provides great context for the types of legal issues the American wine industry faces on a…
From Water to Wine (Trademark): Joel Gott Wines v. Rehoboth Von Gott
On June 26, 2013, the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (“USPTO”) found a likelihood of confusion between the marks JOEL GOTT and GOTT LIGHT. Rehoboth Von Gott, Inc. filed an application with USPTO to register the mark GOTT LIGHT for nutritionally fortified water…
Yamanashi: The First Japanese Geographical Indication for Wine
On July 16, 2013, the Director General of the Tax Agency of Japan announced the designation of Yamanashi as the first Japanese geographical indication (“GI”) for wine. “To be allowed to carry the name of Yamanashi, wine needs to use only limited kinds of grape from Yamanashi, including Koshu and…
Argiano, Italian Wine Producer, Acquitted in Brunello di Montalcino Trial
During my last semester of college, I was fortunate to take a restaurant management class that acquainted me with a completely new area of law. My professor assigned an article from The New York Times about the alleged fraudulent production of Brunello di Montalcino using grapes other than the Sangiovese varietal. (Read…
Proposed Standard of Identity for Canadian Icewine
On June 15, 2013, the Canadian Food Inspection Agency released proposed regulations to create Icewine Regulations (of the Canada Agricultural Products Act) and Consumer Packaging and Labeling Regulations (of the Consumer Packaging and Labeling Act). See New Standard Will Help Open Markets for Canada’s Iconic Icewine. The proposed icewine regulations create “a Standard of Identity for icewine as…
TTB Publishes Final Rule Modifying Mandatory Label Information for Wine
On June 10, 2013, TTB published a final rule in the Federal Register amending the mandatory label information requirements for wine labels. The final rule allows the alcohol by volume (“ABV”) percentage to appear on other labels affixed to a wine container without appearing on the brand label. Previously, the regulations for…