One of my recent pieces was published by Cornell International Law Journal Online, which is an incredible online collection of short publications written by attorneys and law students discussing contemporary legal issues in various fields. I wrote about China with respect to trademark and the wine industry. Specifically, I discussed…
Category: International Wine Law
European Parliament Passes Stricter Legislation for Labeling Sangria Wines
I spent several weeks one summer in the Andalucía region of Spain. My trip included Granada, Seville, Cádiz, Córdoba, Madrid, Toledo, Segovia, and a few other cities. While the weather—particularly the mid-afternoon—was sweltering, one thing I did look forward to was trying the sangria at the many tapas restaurants we frequented. I…
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”…
French Winemakers Face Prosecution for Refusing to use Pesticides
I just finished reading an eBook, Into Wine, written by French sommelier Olivier Magny. As I am sure many can agree, I think it important to continually read about industry developments and about wine generally. While I enjoyed Mr. Magny’s publication, what I found most interesting was his discussion about organic and…
TTB Issues Public Guidance on Wine Export Certificates for U.S. Wines Exported to China
On December 17, 2013, TTB issued a public guidance on Wine Export Certificates for U.S. wines that are exported to the People’s Republic of China. See General Instructions for “Wine Export Certificate” for U.S. Wine Products Exported from the United States to the People’s Republic of China. Previously, the People’s Republic of…
Hennessy Wins Trademark Infringement Case in China Against Beijing Company
The Drinks Business reported last week that renowned cognac producer Hennessy won a trademark case in China against a Beijing company for trademark infringement and unfair competition. As demonstrated previously, China can be a difficult market for true brand owners to obtain trademark. See, e.g., Kasite Trademark Sours for French Vintner Caste; see also What’s…
French Wine Company Castel Frères to Pursue Trademark Battle Against Panati in China’s Supreme Court
A few weeks ago, On Reserve documented the story of Château Listran and the winery’s inevitable trademark defeat in the Chinese market by way of brand squatters. This week, we bring you a very similar story detailing the grievances of China’s trademark laws and impact on true brand owners who pursue…
What’s in a Name: French Winery Forced to Change Trademark to Avoid Squatters
A common theme in the age of the Internet is a concept known as cybersquatting (or domain squatting). Simply put, cybersquatting entails the registration of a domain name in bad faith, i.e., registering a domain name of a trademark with the intent to later sell the domain to the company…
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…