Wine & Alcohol

News & Analysis as of

Arsenic in Wine: What You Need to Know About the Class Action Claims

What is the Doris Charles, et al. v. The Wine Group, et al., No. BC576061 (Cal. Sup. Ct., Los Angeles County) lawsuit? A lawsuit filed last week as a class action against wineries, wine distributors and wine retailers...more

Locke Lord QuickStudy: Tito’s Case to Move Forward — Court Denies Motion to Dismiss

On March 18, 2015, a federal judge in San Diego issued an eagerly anticipated ruling on the motion to dismiss filed by Fifth Generation, Inc. (the producer of Tito’s Handmade Vodka), effectively denying Tito’s motion to...more

Week in Review - March 2015 #3

Friday marked the first committee deadline and thus a flurry of activity at the Capitol to act favorably on bills in their respective policy committees. MNsure - When Governor Mark Dayton’s supplemental budget...more

Craft Beer Getting Boost in West Virginia

Last Friday, the West Virginia House of Delegates voted 86-11 to allow breweries to give out samples at their breweries. The bill also allows breweries, brewpubs, and other retailers to sell up to 4 growlers of beer a...more

Food and Beverage News and Trends Series

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Nestle Purina hit by lawsuit over allegedly poisonous dog food. A lawsuit...more

Seeing Double Trademarks on St. Patrick’s Day? It’s Probably the Guinness

St. Patrick’s Day is upon us, which in Boston means loads of Kelly green, a famously-litigated parade, and a huge spike in the consumption of Guinness. The iconic dark stout travels in equally recognizable containers, each...more

Dram Shop Liability Likely Dead For Another Year in Maryland

Business owners achieved a victory in the Maryland legislature this month, as both the House Bill and Senate Bill introduced to establish dram shop liability were given unfavorable reports by legislative committees. Dram shop...more

Winery Fails to Prove That Wines and Apple Juices Are Related Goods

Domaines Pinnacle, a Canadian corporation and producer of alcoholic ice apple wines, filed an application with the US Patent and Trademark Office seeking to register the mark DOMAINE PINNACLE for “apple juices and apple-based...more

NC Bills To Allow Direct Sales by Distilleries and Expansion of Liquor Products to Festivals and Trade Shows

North Carolina Senate Bill 24 and House Bill 107 are parallel bills pending before the North Carolina legislature. If passed, they would allow distilleries located in North Carolina to sell their product directly to visitors...more

The NORTH STAR Guides One to Trademark Issues

Minnesota is known as the North Star State – L’Étoile du Nord. The state of hipsters, unique dining experiences, bitter cold winters, gorgeous summer nights, and fantastic craft brewers also has an impressive craft cocktail...more

Wal-Mart Sues Texas Over Alcohol Sales

Liquor is not sold in any Wal-Mart store in Texas, but the retailer is suing the State of Texas in an effort to sell liquor. On February 12, Wal-Mart filed a lawsuit in an Austin federal court challenging a Texas law that...more

Crafting an Effective Fair Use Defense

The beer industry is rife with trademark legal issues. We’ve discussed quite a fe here, including disputes over brewery names, attempts to register as a trademark the design of a beer glass, or the longstanding issue of...more

TTB Publishes Semi-Annual Regulatory Agenda with Plans and Goals for the Coming Year

Late last year, the Alcohol & Tobacco Tax & Trade Bureau (TTB) published its semi-annual regulatory agenda in the Federal Register. The agenda provides useful insights into TTB’s regulatory plans and goals for the coming...more

Advertising Law - February 2015

FTC Consumer Protection Head Addresses Do’s, Don’ts for Privacy - Calling the current advertising climate “a technological revolution at the intersection of marketing and consumer data,” Director of the Federal Trade...more

California Social Host Laws: Be Responsible; Beware Liability

Forget #deflategate, and what the New England Patriots may, or may not have done to balls used in the American Football Conference championship game this year. There's a bigger issue at stake for those planning on throwing...more

Trademark Review | January 2015

Diageo Enforces Trade Dress Rights in its CROWN ROYAL Drawstring Bag - Diageo owns a registration for the mark CROWN ROYAL for whiskey. Diageo has sold its CROWN ROYAL whiskey in a purple drawstring bag for many...more

Week in Review - January 2015

Committee deadlines for the 2015 session were established this week: - March 20, committees must act favorably on bills in the house of origin; - March 27, committees must act favorably on bills, or companion...more

BLACKHAWK Down: Registration Refused Based on Relatedness of Wine & Beer

While the Minnesota state legislature ponders whether consumers should be able to purchase liquor on Sundays within the state, the U.S. Trademark Trial and Appeal Board (TTAB) has once again concluded that consumers are...more

Florida Liquor Stores & Beer Distributors Challenge Tasting Rooms

Liquor stores in Florida and beer distributors are joining forces to challenge the way Florida is issuing licenses that let breweries sell their products in tasting rooms. The Florida Retail Federation is suing the Department...more

Carving Out Small

States have been vested with the responsibility to regulate the manufacture, distribution, and sale of alcoholic beverages since the repeal of Prohibition. In carrying out this authority, many states have implemented a three...more

Assembly Bill 2073 - Does the New Law Allowing Alcoholic Beverages on School Campuses Create More Problems Than It Solves?

I. Assembly Bill 2073 On August 22, 2014, Assembly Bill 2073 authored by Assembly Member Frank Bigelow was signed by Governor Brown and will become law effective January 1, 2015. Existing law generally prohibits the...more

'Tis The Season – How To Avoid Liability During The Most Wonderful Time Of Year!

With Halloween and Thanksgiving behind us, and Christmas and Hanukkah just around the corner, it is time to consider how to have a merry season, while protecting both your employees and your company. Giving forethought to...more

Craft Beer In Review – 2014

The craft beer segment concludes another successful year in 2014 with some astonishing statistics released by the Brewers Association earlier this week. “It’s remarkable to see how beer has evolved in the past century....more

Wasted Away in Margaritaville: With Unascertainable Class, District Court Denies Class Certification in Skinnygirl Margarita Case

Alleging violations of Illinois statutory and common law, Amy Langendorf brought suit on behalf of “Any and all persons who purchased ‘Skinnygirl’ Margarita spirits in Illinois from March 1, 2009 until the date notice is...more

Tips for Serving Alcohol at Company Parties

'Tis the season for spreading holiday cheer. While planning the company holiday party, remember that employers should act responsibly in serving alcohol to party guests. ...more

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