On Thursday, September 27, 2018, the Supreme Court granted cert to a new case involving Granholm-like issues for the alcohol beverage wholesale and retail tiers. See Certiorari Granted. The case, Tennessee Wine and Spirits vs. Byrd Clayton, stems from a Tennessee law which requires in-state retail license applicants to satisfy residency requirements. The law…
Category: Federal Law
Are Night and Noche Likely to Cause Confusion for Wine?
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued two relevant decisions to the wine industry. The decisions are summarized below. In re En Primeur Wines, Inc., Serial No. 87170488 (July 18, 2018) [not precedential]: En Primeur Wines, Inc. (“Applicant”) sought registration on the Principal Register of the mark MY…
Recent USPTO Trademark Decisions Relating to Alcohol Beverages
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below. In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential]: El Galan, Inc. (“Applicant”) sought registration of the mark TERNURA in standard…
TTB Revises Guidance Document on Personalized Labels
On September 5, 2017, TTB issued a new public guidance document, TTB G 2017-2, for personalized labels which the agency said supersedes its prior guidance TTB G 2011-05 but does not “completely change the underlying policy.” See TTB Public Guidance, TTB G 2017-2, Personalized Labels. Per TTB, the new guidance…
Federal Compliance Update at the 2018 Eastern Winery Expo
Join Marybeth Williams of Williams Compliance and me at the 2018 Eastern Winery Expo in Lancaster, Pennsylvania March 6th through 8th for an update on federal winery compliance. A description of our event is provided below. “They want me to do WHAT!?!?” How to remain afloat in the winding river of…
TTB Opens Comment Period for Three Proposed Wine Rules
On Wednesday, October 11, 2017, TTB announced that it would reopen comment period for three relevant proposed rules for the wine industry. The proposed rules were originally published in the Federal Register in 2016. The following rules have their comment periods reopened: Notice No. 160, Proposed Revisions to Wine Labeling and…
Cider Chat and Cider Law
I was recently interviewed in a podcast by Ria Windcaller of Cider Chat. We had a one-hour discussion on cider law, obtaining permits with TTB, labeling, advertising, social media, and various other topics that impact the cider community. It was a great experience, and the chat is available to listen…
Texas Proposes to Change State Wine Law Regarding Appellations of Origin
Recently, the state of Texas saw some interesting action with respect to wine and the law. House Bill 1514, sponsored by Rep. Jason Isaac, relating to the labeling of wine as originating from the state is causing a significant amount of concern among winemakers. The bill proposes to change the Texas Alcoholic…
On Reserve Trademark Special Through August 31, 2017
On Reserve is excited to announce an exclusive trademark package through Lehrman Beverage Law, PLLC. The package will extend to new clients and trademark registrations through August 31, 2017. For more information, please contact us at trademarks@bevlaw.com or via phone at 202-449-3739 ext. 4. Please mention On Reserve Special 2017….
Wine Law Trademark Series Part 1: Registrability of Marks
This blog article is the first in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Wineries often look to common law to protect their marks and intellectual property. This can be a feasible solution if the winery remains small and if…