What are American Viticultural Areas (AVAs)? Are they appellations? AVAs are types of appellations—but not all appellations are AVAs. For example, California and Texas and Napa County and Sonoma County are considered to be an appellation of origin with respect to wine labeling. But they are not AVAs. Both appellations…
2016 Wine and Law Program at the University of Reims
This year, the University of Reims’ Wine & Law Program is in its sixth session and will discuss topics related to wine law and intellectual property rights in the wine sector. The Program is from June 20, 2016 through June 29, 2016 at the Université de Reims Champagne-Ardenne and applications for the Program…
TTB Publishes Two AVA Final Rules: Willamette Valley and Loess Hills District
On March 3rd, TTB published two final rules in the Federal Register the first which modified portions of currently established AVAs and the second which establishes a new AVA. The first rule alters an existing viticultural area in Oregon and the second alters an forms a viticultural area in sections of…
Upcoming CLE on Wine Law
On May 18, 2016, I will be presenting a CLE for Lawline on wine law. It will be a live broadcast and the course will provide an introduction to the history of wine regulation in the U.S., labeling and advertising, federal and state licensing regimes, and trade practice laws. A short description…
The “Naked” Truth of Likelihood of Confusion
In a recent opinion issued by the Trademark Trial and Appeal Board, Applicants sought to register DRINK IT NAKED (in standard characters) on the Principal Register for Tequila in International Class 33. In re Castaneda and Anderson, Serial No. 85876309 (January 13, 2016) [not precedential]. The Trademark Examining Attorney originally refused registration of…
TTB Updates Guidance on Shelf Plans and Shelf Schematics
On February 11, 2016, TTB issued Ruling 2016-1 titled “The Shelf Plan and Shelf Schematic Exception to the ‘Tied House’ Prohibition, and Activities Outside Such Exception.” The ruling concerns promotional activities commonly associated with category management programs and looked at such practices with respect to the federal tied house laws. The agency…
New Publication on Wine and Beer Law
In February, Thomson Reuters released the latest version of its Inside the Minds series. The latest issue in the series is titled Wine and Beer Law and surveys insight from several U.S. attorneys in the alcohol beverage field. The chapters and authors include the following: Clare Abel, Partner, Burch & Cracchiolo PA…
TTB Administratively Approves New Grape Variety Coda di Volpe
Very much in line with one of On Reserve’s recent posts, The Importance of Grape Varieties on American Wine Labels, TTB announced last week that it administratively approved a new grape variety for use on American wine labels. The new grape variety, Coda di Volpe, can be used on American wine labels…
TTB Establishes New AVA Lamorinda Viticultural Area
On Wednesday, February 24th, TTB issued a final rule in the Federal Register establishing a new American Viticultural Area (AVA) called Lamorinda Viticultural Area. The new AVA contains 29,369 acres in Contra Costa County, California and is entirely within the established (and larger) San Francisco Bay and Central Coast AVAs. The original petition was submitted…
Which Came First: The Trademark or the Viticultural Area?
Last week, San Antonio Express News reported that a California-based winery named San Antonio Winery brought a trademark suit against a San Antonio-based winery called Lara Vineyard. In its complaint, San Antonio Winery alleged that Lara Vineyard’s use of the term “San Antonio” as a fanciful name on its labels infringed upon…