Wine & Alcohol

News & Analysis as of

TTB Issues Expanded List of Allowable Changes to Approved Labels

On Monday, September 29 2014, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2014-2, which expands the list of Allowable Revisions to Approved Alcohol Beverage Labels....more

EEOC Sues Mims Distributing Company for Religious Discrimination

Beer Distribution Company Unlawfully Failed to Hire Rastafarian Because He Refused to Cut His Hair, Federal Agency Charges - RALEIGH, N.C. - Mims Distributing Company, Inc., a North Carolina corporation that operates a...more

North Carolina ABC Legislative Wrap-Up 2014

The 2014 legislative short session adjourned on August 20, 2014. The General Assembly passed several bills affecting alcoholic beverages in North Carolina. Significant provisions of those bills are summarized below....more

Food Litigation Newsletter - September 2014

In This Issue: - Recent Significant Developments And Rulings ..Voluntary Dismissal in Frito-Lay Pretzel Case ..Court Denies Motion to Dismiss in Florida "Natural" Action ..Court Embraces Standing...more

Social Host And Server Liability

The intoxicated person is over-served. Whether hosting a house party or tending bar at a public place, serving alcohol to a visibly intoxicated person is illegal. It is appropriate to seek compensation from not only the drunk...more

Beer Bills: New Laws & Legislation on Tap

There are a number of bills and new laws that craft brewers should have on the radar – legislation that could affect operations and distribution. In California, two of these bills became law, while one is still pending...more

A Few Zoning Notes: New Caselaw, Oakwood and Beer, Oh My!

We're going to touch on three separate topics today in this post. First, we'll discuss a recent case from the North Carolina Court of Appeals regarding legal nonconforming uses, burdens of proof and lost zoning maps. ...more

Better Describe Trade Secret If You Want to Protect It

New Castle Beverage, Inc. v. Spicy Beer Mix, Inc. - In an unpublished opinion, the Court of Appeal of the State of California’s Second Appellate District affirmed the lower court’s denial of a preliminary injunction...more

Blackstone and Booze: Wisconsin Court of Appeals Discusses Retroactivity of Judicial Decisions

On August 26, the Wisconsin Court of Appeals released Mixx Night Club v. Milwaukee, 13AP2599, an opinion analyzing the retroactivity of Wisconsin Supreme Court decisions. The case began with a rowdy nightclub in...more

Why FLYING MONKEY WINE Never Got Off the Ground

Continuing our primate theme for this month's newsletter, we thought this would be as good a time as any to remind our readers as to the important distinction between copyrighted artistic works, and use of elements from those...more

Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on...more

Absinthe Makers Are Not Toasting In Switzerland

Although once illegal in the United States, absinthe can now be consumed in your local bars. It was a favorite drink of writers and artists such as Ernest Hemmingway, Vincent van Gogh, Oscar Wilde and Pablo Picasso. ...more

Role Reversal: David Bullying Goliath?

When claims of trademark infringement make the news, it is often because a billion dollar corporation is suing old man Donaldson’s tavern for trademark infringement (Although, McDonaldson’s might have been a bad choice…). ...more

Boating Safety Issues

Most people already knows that drinking alcohol and driving a car is a dangerous combination, however, there is less awareness of the same dangers while operating a boat. Mix water, a boat and throw in alcohol and the results...more

The Sober Truth of New Jersey’s BYOB Law and the Acquisition of a Liquor License

New Jersey became home to America’s first commercial distillery when, in 1780, an immigrant from Scotland established an Applejack production facility in what is now Colts Neck. Since that time, New Jerseyhas become the...more

Distribution Agreements in Pennsylvania: Til Death Do Us Part

One of the most exciting moments in the existence of a new brewery is the moment you ink your very first distribution agreement. Yes, you never forget your first: you’ve arrived, you’re now part of the Show, and now you’re...more

West Virginia Upholds Disclaimer Based on Liquor Liability Exclusion

In its recent decision in Essex Ins. Co. v. Napple’s Bullpen, LLC, 2014 U.S. Dist. LEXIS 97186 (N.D. W.Va. July 17, 2014), the United States District Court for the Northern District of West Virginia had occasion to consider...more

Allied Domecq: Nexus-Combined Reporting

In Allied Domecq Spirits & Wines USA, Inc. v. Commissioner of Revenue, the Massachusetts Court of Appeals held that the parent company of a Massachusetts taxpayer could not be included in the taxpayer’s Massachusetts...more

Open-Carriers Pose a Threat to Restaurants with Liquor Licenses

Regardless of their personal stance on any hot-button social issue, most business owners do not want their place of business to be the focus of demonstrations on that issue – wisely so, because rarely does being the focus of...more

Torts – Parents and Minor not Liable for Minor Guest’s Alcohol Poisoning Death

Steve Allen, et al. v. Wallace Liberman, et al. - Court of Appeal, Third District (June 18, 2014) - In this case, the Appellate Court applied social host immunity to exonerate defendant parents and their minor...more

New TTB FAQs on Sugar Claims

On Tuesday, July 1, 2014, the Alcohol and Tobacco Tax and Trade Bureau (TTB) released new Frequently Asked Questions (FAQs) concerning sugar claims made on labels and in advertising. The FAQs articulate, for the first time,...more

Craft Beer Trademark Disputes: Too Much Trouble Brewing?

It seems like every week there is a new trademark dispute involving craft breweries. One need only check Beerpulse or Brewbound, two popular beer industry sites, to see many posts about craft beer trademark disputes. This...more

TTB Issues Ruling on Formulas for Beer

On June 5, 2014 the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued TTB Ruling 2014-4, exempting from TTB’s formula and pre-import approval (PIA) submission requirements beer made with dozens ingredients as well as...more

Gia Nother Wine Bottle Trademark

Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark)...more

Illinois Supreme Court Rejects Due Process Challenge to Liquor License Revocation

When a liquor licensee’s former manager is convicted of conspiring to violate the federal Money Laundering Act, can the licensee be summarily stripped of its liquor license, based upon the criminal trial transcript, a...more

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