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…
Category: General Wine Law
New York Winery Defeats NYSLA’s Bid to have Liquor License Revoked
Justice Doris Ling-Cohan, a Manhattan judge, reversed the New York State Liquor Authority’s (“NYSLA”) decision to revoke the license of a Long Island farm winery. The judge dismissed three charges brought on behalf of the NYSLA against Vineyard 48, a Southold, Long Island-based farm winery. Justice Ling-Cohan noted that the…
On Reserve Named Top 100 “Blawgs” by American Bar Association Journal
It is truly an honor to share that On Reserve was named one of the top 100 legal blogs or “blawgs” of 2014 by the American Bar Association Journal (“ABA”). This nomination is incredibly exciting for On Reserve, which was just added to the ABA’s blog directory this last year. From the ABA…
The Medicine of Contraband Wine: Donate to Hospitals
A few weeks ago, I wrote about Arthur Goldman, a Pennsylvania attorney recently accused of selling wine in Pennsylvania without a license. See Pennsylvania Attorney’s Wine Collection Seized and May be Destroyed by Government. The story goes that Mr. Goldman privately procured high-end wines for friends and colleagues, selling the wine directly to multiple parties…
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…
How Important are Federal Excise Taxes to the Wine Industry?
One of the major functions of the TTB, the federal agency that has primary jurisdiction over alcohol beverages in the U.S., is to collect federal excise taxes on alcohol beverages. As TTB more thoroughly explains on its website, excise tax rate depends on commodity type as well as product. See Tax…
Champagne House Veuve Clicquot Sues Italian Sparkling Wine Producer Over Label
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”…
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…
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…
Government Shutdown Clogs TTB Label, Formula, and Permit System for Wine Industry
On October 1, 2013, TTB announced a cessation in its operations, citing the lack of government funding as the reasoning. While the TTB website, www.ttb.gov, remains partially accessible, the ability to submit, review, or retrieve Certificate of Label Approvals (“COLAs”), Formula Approvals, or Permits is not permissible. This means that…