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…
MillerCoors Hit with Class Action Suit for Use of “Artfully Crafted” on Blue Moon Beer
On April 24, 2015, a class action lawsuit was filed in state court against MillerCoors LLC, alleging that the company’s Blue Moon beer deceives consumers into thinking the product is “Craft” by marketing the brand as “Artfully Crafted” and disassociating it from MillerCoors. See Parent v. MillerCoors LLC. The plaintiff alleges that MillerCoors…
Is There a Likelihood of Confusion Between APOTHEOSIS and APOTHIC?
Applicant Kinney Family Vintners LLC DBA Occasio Winery sought to register the mark APOTHEOSIS for several types of red wine but was opposed by E. & J. Gallo Winery. See E. & J. Gallo Winery v. Kinney Family Vinters LLC d/b/a Occasio Winery, Opposition No. 91207656 (March 10, 2015) [not precedential]. Gallo alleged prior use…
New York Is Open for Business — Or Is It?
Last week, the Albany newspaper Times Union published my most recent op ed on the Empire Wine’s legal battle with the NYSLA. The article discusses the background between the two parties, as well as the catastrophic business environment that could develop in New York State from the Authority’s interpretation of its regulations. New…
Seattle Winery Forced to Change Name After Cease and Desist Letter from Jackson Family Wines
Last week, Komo News reported that a Seattle-based winery, Bartholomew Winery, was forced to change the name of one of its wine brands after receiving a cease and desist letter from Jackson Family Wines. See Seattle Winery Forced to Change Name, Label After Cease-and-Desist. The wine brand, Jaxon, is reportedly named after the son of…
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…
Importer Pasternak Answers and Counterclaims Against Vignerons de la Méditerranée
In January, On Reserve reported that Vignerons de la Méditerranée (“VM”) filed a complaint in the Supreme Court of the State of New York County of Westchester against Harrison-based importer Pasternak Wine Imports. See Vignerons de la Méditerranée sues Westchester County Importer Pasternak. The complaint named Domaines Barons de Rothschild (“DBR”) as a co-defendant…
Are AUREA and FINCA AUREA Confusingly Similar for Wine?
Applicant Roberto Oreste Antonio Busnelli sought to register the mark FINCA AUREA on the Principal Register in standard characters, with FINCA disclaimed in International Class Type 33. See In re Roberto Oreste Antonio Busnelli, Serial No. 85830131 (February 20, 2015) [not precedential]. The application included a translation that indicated the the mark means,…
A Sight To See: Somerston Estate in Napa Valley
Last week I had the long overdue pleasure of spending some time in Napa Valley. It was a short trip but a special one. And well-timed too, with much of the North East covered in snow and slush. Special thanks to Somerston Estate in St. Helena and brand Ambassador Ben Brenner for…
Bill Introduced to New York State Assembly Supports Empire Wine
As reported by The Albany Times Union and Capitol Confidential, a bill was introduced this week to the New York State Assembly by Assemblyman Phil Steck that proposes to amend New York State’s alcohol beverage laws. See Bill Supports Empire Wine Sales; Bill Would Curb SLA’s Power Over Out-Of-State Wine Shipments. The bill will reportedly stop…