On October 26th, TTB released a press release stating the agency planned to public a notice in the Federal Register the following day which would reopen the comment period for the proposed Lewis-Clark Valley American Viticultural Area (AVA), which is comprised of 306,650-acres found in locations including Nez Perce, Lewis,…
Category: Federal Law
TTB Makes Small Change to COLA Process
In an industry circular dated October 2, 2015, the TTB announced that it made a minor administrative change—and perhaps a very welcome update—to the label approval process. TTB will no longer return label applications to fix discrepancies between what appears on the label and what is stated on the application itself with…
Recent Publication: Label Lawsuit Lessons
The November/December 2015 issue of Vineyard & Winery Management magazine features one of my most recent articles, Label Lawsuit Lessons. The article details the implications the 2014 Supreme Court case POM Wonderful LLC v. Coca-Cola Co. may have on the wine industry. Specifically, the article looks at the idea that a COLA may simply be…
TTB Revises Regulation Regarding Excise Taxes and Return of Wine to Bonded Premises
On Tuesday, September 15, 2015, TTB published a rule in the Federal Register detailing the agency’s revision of wine regulations that govern the return of wine to bonded premises. See Return of Wine to Bonded Premises. The final rule was issued without prior notice and comment. The new rule is summarized below: TTB’s…
TTAB Allows Trademark Registration of French Town Montussan
In a recent TTAB opinion, the Board reversed a prior decision of an Examining Attorney who refused to register a mark alluding to a French town Montussan. See In re Montussan Apertifs SAS, Serial No. 86172886 (August 12, 2015) [not precedential]. Applicant (Montussan Apertifs SAS) originally filed an application to register the…
Proposed New AVA Tip of the Mitt and Establishment of Squaw Valley-Miramonte
On August 6, 2015, TTB issued a proposed rule to establish a new American Viticultural Area. TTB is accepting comments through October 5, 2015 on a proposed American Viticultural Area (“AVA”) called “Tip of the Mitt,” as per a proposed rule in the Federal Register on June 30, 2015. The proposed AVA…
Proposed Establishment of the “Champlain Valley of New York” Viticultural Area
TTB is accepting comments through August 31, 2015 on a proposed American Viticultural Area (“AVA”) called “Champlain Valley of New York,” as per a proposed rule in the Federal Register on June 30, 2015. The proposed AVA is as follows: The petition proposing the new AVA was sent to TTB by Colin…
TTB Proposes New Loess Hills District AVA and Expansion of Willamette Valley
TTB is accepting comments through August 17, 2015 on a proposed American Viticultural Area (“AVA”), as per a proposed rule in the Federal Register on June 18, 2015. The proposed AVA is as follows: Loess Hills District Viticultural Area (Notice No. 153, Docket No. TTB-2015-0009): The proposed AVA of “Loess Hills District” comprises of a 12,897-square mile (8,254,151-acre)…
Blue Moon Lawsuit: [Not] All About That Label
Last week, On Reserve reported about the class action suit filed against MillerCoors in regard to the Blue Moon malt beverage. See MillerCoors Hit with Class Action Suit for Use of “Artfully Crafted” on Blue Moon Beer. The suit alleges that the company’s Blue Moon beer deceives consumers into thinking the product is “Craft” by marketing the…
TTB Proposes Three New AVAs: Lewis-Clark Valley, Eagle Foothills, and Lamorinda
TTB is accepting comments through June 15, 2015 on three proposed American Viticultural Areas (“AVAs”), as per a proposed rule in the Federal Register on April 14, 2015. The proposed AVAs are as follows: Lewis-Clark Valley Viticultural Area (Notice No. 149, Docket No. TTB-2015-0005): The proposed AVA of Lewis-Clark Valley includes…