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…
Battle of the Brands: French Winery Château Lafitte Claims Triumph
As reported by Decanter, Château Lafitte claimed victory against an ongoing trademark case and can reportedly sell Bordeaux wine in China under the name Château Lafitte. See Chateau Lafitte Claims Trademark Wine in China. The dispute in China has been ongoing for about two years and has been between Château Lafitte and Château…
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…
Court Denies Union Wine Company’s Motion to Dismiss Lawsuit Brought by FN Cellars
Last week, California District Court Judge Donato denied Union Wine Company’s motion to dismiss a suit launched against the wine company by FN Cellars, LLC. FN Cellars originally brought suit against Union Wine seeking (1) declaratory judgment of validity for FN Cellars’ trademark; (2) a declaration that its mark does not…
Budweiser Wins Trademark Opposition Over Winebud
Last week, the Trademark Trial and Appeal Board (“TTAB”) issued an opinion that sided with Anheuser-Busch, LLC’s opposition of the registration of the mark WINEBUD. See Anheuser-Busch, LLC v. Innvopak Systems Pty Ltd., Opposition No. 91194148 (August 17, 2015) [precedential]. The applicant, Innvopak Systems Party Limited, originally filed an application to register the…
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 See In re Montussan Apertifs SAS, Serial No. 86172886 (August 12, 2015) [not precedential].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…
2015 Wine & Law Program at the University of Reims in Champagne, France
This summer, I had the absolute honor of being invited to attend the University of Reims’ Wine & Law Program in Champagne, France as a faculty member. I attended this same program several years ago when I was still a student in law school and had an incredible experience, one that…
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…
Willamette Valley Vineyards Sues Neighboring Farm Over Herbicide Drift
Willamette Valley Vineyards is suing Five Cent Farm, Inc., a neighboring farm. According to Statesman Journal, the lawsuit filed against Five Cent indicates that the Vineyard is claiming more than $400,000 in economic loss from damage to the Vineyard’s pinot noir grapes. The complaint states that Willamette Valley Vineyards has a…
Alfred Gratien: A Day Trip to Épernay for Small Batch and Quality Champagne
A few weeks ago, I had the absolute pleasure of spending an afternoon at and touring Alfred Gratien in Épernay. The maison has been producing wine since 1864 and takes pride in stating that its Champagne is hand-crafted. The house uses Chardonnay, Pinot Noir and Pinot Meunier grape varieties, which represent the three…