2024-02-01 13:03
Earlier this week, TTB announced its intention to hold two virtual listening sessions this month to hear industry concerns regarding alcohol nutritional information, allergens, and ingredien… Read More
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On Reserve: A Wine Law Blog
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2024-01-08 14:00
Vampire Family Brands, LLC, a Ventura County winemaker, recognized for wine brands like Dracula, Vampire, and Fangria, is taking legal action against an Australian vintner for what it believ… Read More
2023-11-28 13:21
EU Regulation 2021/2117 creates a significant change for the European Union’s wine and aromatic wine market. As of December 8, 2023, wines bound for the EU market must prominently feat… Read More
2023-11-15 16:49
A recent legal case, Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorporated [2023] SGCA 37, the Singapore Court of Appeal grant… Read More
2021-07-27 10:58
Various media sources have reported that Russia is requiring Champagne wines from the actual appellation of Champagne to tout “Sparkling Wine” on their labels as a result of a ne… Read More
2021-07-02 10:48
On June 23rd, Governor Cuomo announced that emergency declaration that commenced in March 2020 would come to an end on June 24th. As a result, all executive orders expired on that date.
E… Read More
2020-03-17 14:45
In response to Governor Cuomo’s order, the New York State Liquor Authority (“NYSLA”) issued restrictions to licensees with respect to the COVID-19 outbreak, effective… Read More
2020-03-16 11:04
In a world where the spread of COVID-19 is increasing and where consumers and businesses alike have encouraged “social distancing,” it is not without many sacrifices. The wine in… Read More
2020-02-17 11:02
This March is the inaugural Northeastern Cider Conference, which will be held in Albany, New York. The conference is a much-needed event for cider makers, brand owners, and importers. Sessi… Read More
2019-08-21 11:26
CLE International is hosting its annual Wine, Beer, and Spirits CLE. This year, the program will take place in Charlotte, North Carolina on September 16th and 17th at the &hell…Read More
2019-06-26 15:52
Today, the Supreme Court struck down on a Tennessee regulation that requires residency of two years for applicants applying for an in-state retail alcohol license. In a 7-2 decision, the Cou… Read More
2019-03-20 11:42
Owners of two Minnesota wineries are challenging the state’s law which limits wine production by Minnesota-licensed farm wineries to predominantly Minnesota-grown grapes. In 2017… Read More
2019-02-26 12:38
A bill was introduced to the Oregon Senate last week which proposes to amend several sections of the Oregon Revised Statutes, namely ORS 471.445 and ORS 471.446. The Senate Bill,&n&hell…Read More
2019-02-21 22:13
Last week, TTB reported that the agency suspended six (6) alcohol beverage permits between December 2018 and January 2019 for violations of consignment sale provisions of the Federal Alcohol… Read More
2019-02-07 12:36
Join Denise Gardner of Denise Gardner Winemaking and me at the 2019 Eastern Winery Expo in Syracuse, New York March 19th through 21st for a discussion on f… Read More
2018-10-15 11:50
According to Wine Business, the Oregon Liquor Control Commission (“OLCC”) submitted a letter to TTB in regard to a Napa Valley wine company’s alleged non-compliance with T… Read More
2018-10-15 11:35
Kevin J. Fandl, J.D., Ph.D. is again leading a faculty trip to study innovation in Chile focused on wine. He sends the following message and attached flyer:
Dear colleagues,
I am please… Read More
2018-10-01 11:18
On Thursday, September 27, 2018, the Supreme Court granted cert to a new case involving Granholm-like issues for the alcohol beverage wholesale and retail tiers. See Certiorar… Read More
2018-08-09 11:51
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued two relevant decisions to the wine industry. The decisions are summarized below.
In re En Primeur Wines, Inc… Read More
2018-08-09 11:24
It is with great excitement that I share the launch of Jus Vini, The Journal of Wine & Spirits Law. Jus Vini is the new international journal on wine and spirits law edite… Read More
2018-06-18 12:18
The USPTO Trademark Trial and Appeals Board (“TTAB”) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below.
In re… Read More
2018-06-18 11:01
CLE International is again hosting its Wine, Beer, and Spirits CLE. This year, the program will take place in Chicago on October 4th and 5th at the Millennium Knickerbocker hotel. Attendees… Read More
2017-11-08 13:15
The USPTO Trademark Trial and Appeals Board (TTAB) recently issued three relevant decisions to the wine, beer, and spirits industries. The decisions are summarized below.
In In re Harle… Read More
2017-11-08 12:16
Dr. Kevin Fandl, Assistant Professor and Academic Director of Global Immersion Programs at Temple University’s Fox School of Business, recently reached out to share an exciting op… Read More
2017-10-25 11:41
On September 5, 2017, TTB issued a new public guidance document, TTB G 2017-2, for personalized labels which the agency said supersedes its prior guidance TTB G 2011-05 but does not “c… Read More
2017-10-25 11:33
Join Marybeth Williams of Williams Compliance and me at the 2018 Eastern Winery Expo in Lancaster, Pennsylvania March 6th through 8th for an update on federal winery compliance. A descr… Read More
2017-10-18 10:40
On Wednesday, October 11, 2017, TTB announced that it would reopen comment period for three relevant proposed rules for the wine industry. The proposed rules were originally published in the… Read More
2017-09-19 14:34
This year, the University of Reims’ Wine & Law Program is in its seventh session and will discuss topics related to trademarks and intellectual property rights in the wine and sp… Read More
2017-08-21 12:46
Fetzer Vineyards (“Applicant”) recently sought registration in standard character mark for HOODWINKED on the Principal Register for wine in International Class 33. In re Fet… Read More
2017-08-21 11:27
On July 25, 2017, Governor Cuomo signed legislation to allow New York farm distilleries to sell wine, beer, and cider labelled as “New York State” for on-premises consumption. Se… Read More
2017-07-11 12:12
I was recently interviewed in a podcast by Ria Windcaller of Cider Chat. We had a one-hour discussion on cider law, obtaining permits with TTB, labeling, advertising, social media, and vario… Read More
2017-06-21 01:24
Recently, the state of Texas saw some interesting action with respect to wine and the law. House Bill 1514, sponsored by Rep. Jason Isaac, relating to the labeling of wine as origi… Read More
2017-06-21 00:24
On Reserve is excited to announce an exclusive trademark package through Lehrman Beverage Law, PLLC. The package will extend to new clients and trademark registrations through August… Read More
2017-06-20 21:23
CLE International will host its annual wine, beer, and spirits law conference in Portland, Oregon this September 14th and 15th. This year is the program’s 22nd anniversary of the… Read More
2017-05-24 11:38
This blog article is the second in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts.
Why should a winery cons… Read More
2017-05-24 10:46
Last week, TTB issued an industry circular (Industry Circular Number 2017-3) that cancels a declaration requirement with respect to Pinot Noir wines from the Languedoc-Roussillon Region… Read More
2017-05-10 11:33
This blog article is the first in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts.
Wineries often look to co… Read More
2017-05-09 20:59
Lindsey A. Zahn, author of On Reserve, was recently named to Lawline’s Top 20 Women Faculty of 2016 for a course called “Introduction to Wine Law.” In selecting the to… Read More
2017-03-30 12:20
This year, the University of Reims’ Wine & Law Program is in its seventh session and will discuss topics related to wine law and intellectual property rights in the wine sector… Read More
2017-02-28 12:55
Last month, Massachusetts announced the creation of the Treasurer’s Alcohol Task Force, which will create an independent group of professionals to review the state’s legal and re… Read More
2017-02-28 12:25
Join us June 21st at 1:00 PM ET to 2:00 PM ET for a free webinar on Building Your Practice Through Blogging and Pocasting, courtesy of the ABA Women Rainmakers Division. I will be speaking… Read More
2017-02-15 12:21
On January 23, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued a temporary rule (T.D. TTB–147) in the Federal Register that amends the federal regulations for hard cide… Read More
2017-02-15 11:51
As originally reported by the Napa Valley Register, two vineyard “houses” in Napa are currently in disagreement about the use of a similar name. See Lawsuit Claims… Read More
2017-02-02 13:16
This summer, I will return to the University of Reims to teach another course on wine law at the Wine & Law Program.
This year, the Program is in its seventh session… Read More
2017-02-02 13:02
Last fall, I traveled to several wine regions in Italy on vacation. I spent some time in the gorgeous Piemonte region, which is home to one of my favorite wines (Barolo). The trip was well p… Read More
2017-01-18 12:41
Ram’s Gate Winery, LLC (opposer) filed a notice of opposition against application Serial No. 862692961 before the United States Patent and Trademark Office. (The application was f… Read More
2017-01-09 13:03
Last year, I represented a client before the Alcohol and Tobacco Tax and Trade Bureau (TTB) with respect to petitioning for the addition of a new grape variety for use as a variety on A… Read More
2017-01-09 12:46
A recent application before the United States Patent and Trademark Office, 10 Barrel Brewing, LLC sought to register the mark SWILL (in standard characters) for beer in Internatio… Read More
2016-10-21 11:09
Our first Cider Week session event sold our for October 25th, so we added a second event on Saturday, October 29th. Please see below for more information.
On October 29th at 6:00… Read More
2016-09-30 11:07
On October 25th at 8:00 PM, I will be speaking at Wassail for New York City Cider Week. The event is So You Want To Start Your Own Cidery, where I will discuss the legal elements o… Read More
2016-09-13 10:55
A recent application before the United States Patent and Trademark Office sought to register the mark The Beachhouse, A Wine by Douglas Green (in standard characters) for wines in Inter… Read More
2016-09-13 10:50
On Reserve is excited to announce an exclusive trademark package through Lehrman Beverage Law, PLLC. The package will extend to new clients and trademark registrations through the end… Read More
2016-09-13 10:45
A recent application before the United States Patent and Trademark Office sought to register the mark Old Americana (in standard characters) for alcoholic beverage except beers in… Read More
2016-09-01 10:45
A recent application before the United States Patent and Trademark Office sought to register the mark Tres Vidas (with a tree) for tequila and tequila infused with vitmanis in Inte… Read More
2016-09-01 10:30
You’ve finally gone through that grueling process of getting licensed on the TTB level and you have all your formulas and COLAs in hand. Production is taking off and business has been… Read More
2016-09-01 10:03
On September 15, 2016 at 2:00 PM EST, I will be presenting a CLE on beer, wine, and distilled spirits law with my colleague John Messinger. The CLE, titled “Beer, Wine & Disti… Read More
2016-08-11 10:40
Recently, an application before the United States Patent and Trademark Office sought to register the mark Home Brewing Co. in standard characters on the Principal Register for “Be… Read More
2016-08-11 10:33
I was recently interviewed by Bentley Tolk for his podcast Legal Marketing Launch, which helps attorneys focus on marketing their legal practice. In the episode, I talk a lot about my b… Read More
2016-08-11 10:23
CLE International will host its annual wine, beer, and spirits law conference in Colorado Springs, Colorado this September 22nd and 23rd. This year is the program’s 21st &hell…Read More
2016-07-12 10:45
Uinta Brewing Company (Applicant) filed an application before the United States Patent and Trademark Office (USPTO) to register on the Principal Register the mark DUO in standard c… Read More
2016-07-12 10:30
Starting any new business can be overwhelming, and taking the leap to start a winery is certainly no exception. The details can be intimidating and a newcomer can often lose sight of the lar… Read More
2016-07-12 10:20
Disclosure: This post was sponsored by Rhode Island Tourism, which organized and provided transportation to the below Rhode Island wineries. I was not otherwise compensated for this article… Read More
2016-06-27 10:43
On Wednesday, June 22, 2016, TTB published a notice in the Federal Register proposing important changes to wine labeling regulations and recordkeeping requirements. Comments to the… Read More
2016-06-27 10:37
The “Empire Wine Bill” (version 2.0) passed in the New York State Senate on Friday, June 17th per the New York State Assembly website. The matching Assembly bill… Read More
2016-06-17 10:49
The “Empire Wine Bill” (version 2.0) passed in the New York State Assembly on Wednesday, June 15th per the New York State Assembly website. The matching Senate bill, S07728… Read More
2016-06-17 10:47
A few weeks ago, I filmed a presentation called “Introduction to Wine Law” for Lawline. The course is now available on demand through the Lawline website and runs appro… Read More
2016-05-23 10:50
Two new bills have been introduced to New York’s Senate and Assembly on May 12th and May 18th (respectively), sponsored by New York State Senator Phil Boyle and Assembly Member Ph… Read More
2016-05-23 10:35
TTB announced last week that it administratively approved two new grape varieties for use on American wine labels. The new grape varieties, Mustang and Riverbank, can be used on Americ… Read More
2016-05-23 10:23
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… Read More
2016-04-01 10:33
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… Read More
2016-04-01 10:32
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… Read More
2016-04-01 10:31
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 th… Read More
2016-03-02 12:02
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 Intern… Read More
2016-03-02 11:46
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 Except… Read More
2016-03-02 11:38
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… Read More
2016-03-02 11:36
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… Read More
2016-03-02 11:26
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 con… Read More
2016-01-28 12:02
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.&nb&hell…Read More
2016-01-28 11:58
On December 18, 2015, President Obama signed the Protecting Americans from Tax Hikes Act of 2015 (“the PATH Act”) into law. The PATH Act contains changes to certain sta… Read More
2016-01-28 11:47
On January 21, 2016, TTB published a notice in the Federal Register proposing the establishment of the Willcox Viticultural Area, which is located in portions of Graham and C… Read More
2016-01-05 11:24
Using a grape variety on an American wine label is not mandatory, but many winemakers choose to do so for several reasons, such as perception of quality to the consumer. Using or naming the… Read More
2015-12-04 13:40
On November 30, 2015, the two talked about bills, A05920 and S04446, in New York’s Assembly and Senate were delivered to Governor Cuomo. A05920 was introduced to the Assembly in M… Read More
2015-12-04 13:38
The NYSLA announced on its website that the second industry working group meeting will take place on December 8, 2015. The group will continue to consider changes or modifications to Ne… Read More
2015-12-04 13:38
It is truly an honor to share that On Reserve was named one of the top 100 legal blogs or “blawgs” of 2015 by the American Bar Association Journal (ABA Journal). This is the seco… Read More
2015-11-16 11:51
Last Thursday I attended the first open meeting of Governor Cuomo’s new alcohol beverage industry working group. The group, whose main mission is to modernize New York’s alc… Read More
2015-11-10 10:12
Last week, as reported by the Times Union, a decision by Acting Supreme Court Justice Debra Young ruled against the New York State Liquor Authority (“NYSLA”) with respe… Read More
2015-11-06 11:58
On October 26th, TTB released a press release stating the agency planned to public a notice in the Federal Register the following day which would reopen the comment period for the proposed L… Read More
2015-11-06 11:29
In an industry circular dated October 2, 2015, the TTB announced that it made a minor administrative change—and perhaps a very welcome update—to the label approval process. TTB&n&hell…Read More
2015-11-06 11:12
The November/December 2015 issue of Vineyard & Winery Management magazine features one of my most recent articles, Label Lawsuit Lessons. The article details the implicat… Read More
2015-09-16 10:59
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. Se… Read More
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