This week, TTB issued a new guidance on the annual filing requirements for wineries. The guidance announced that, for wineries meeting certain requirements, excise tax returns and reporting requirements may be filed annually. Specifically, this refers to the Excise Tax Return (TTB Form 5000.24) and the Report on Wine Premises Operations…
Category: Federal Law
Post-Pom Wonderful and the Not So Wonderful Impact on Alcohol Beverages
In June of last year, the Supreme Court decided a rather revolutionary case for the food industry: Pom Wonderful LLC v. The Coca-Cola Company. The case, which was commenced by Pom Wonderful, questioned the label of a competitor’s product, Coca-Cola’s Minute Maid Blueberry Pomegranate juice. The Minute Maid label contained the words…
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…
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….
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…
TTB Issues Final Rule for Small Brewers and Reduces Regulatory Burdens
On September 30, 2014, TTB issued a final rule in the Federal Register for small brewers (defined infra), reducing regulatory burdens. The final rule is entitled “Small Brewers Bond Reduction and Requirement to File Tax Returns, Remit Tax Payments and Submit Reports Quarterly” and goes into effect on January 1, 2015. This rule finalizes an important and…
TTAB Finds “Naughty Girl” Not Merely Descriptive of Wine
In a recent opinion, the TTAB found a registered mark for “Naughty Girl” in Class 33 (wines and fortified wines) not merely descriptive of wine. Alvi’s Drift Wine International, the petitioner, sought to cancel the registration by von Stiehl Winery for the standard character mark “Naughty Girl.” Alvi’s Drift Wine…
TTB Establishes 11 New American Viticultural Areas in Paso Robles
On Thursday, October 9, 2014, TTB published a final rule in the Federal Register establishing eleven new American Viticultural Areas (“AVAs”) within the existing Paso Robles viticultural area in San Luis Obispo County, California. The eleven new AVAs are as follows: Adelaida District; Creston District; El Pomar District; Paso Robles Estrella…
Retailer Empire Wine Sues New York State Liquor Authority: Direct Shipping
In August, the New York State Liquor Authority (“NYSLA”) charged a New York retailer, Empire Wine & Spirits, with sixteen counts of improperly shipping wine to out-of-state consumers in states including California, Illinois, Louisiana, Massachusetts, Ohio, Pennsylvania, and Virginia. See New York Retailer Charged with Illegally Shipping Wine to Out-of-State Consumers. The charges…
TTB Expands List of Allowable Revisions to Approved Labels for Alcohol Beverages
On Monday, in Industry Circular Number 2014-02, TTB announced the expansion of its list of allowable revisions to approved labels for alcohol beverages, also known as Certificate of Label Approvals (“COLAs”). The agency currently maintains a list of allowable revisions to approved labels that outlines the permitted changes that can be…