Category Archives: Winemaking

March 08

Use a Foreign Word In Your Beverage Name? Better Make Sure It’s English Equivalent Isn’t Already Trademarked and Vice Versa

If a = b, then b = a.  In math, it’s called the “symmetric property of equality.”  There’s a similar principle in trademark law called the “doctrine of equivalents.”  Foreign words have protection from their english equivalents, and english words have protection from their foreign equivalents.  It applies to words from “common, modern languages.”  Italian […]

January 25

A Win for Rational Thought In Alcohol Advertising – 8th Circuit Asks District Court to Consider Whether There’s A Correlation Between Alcohol Advertising Regulations and Their Intended Objectives In Order to Satisfy First Amendment Scrutiny

It’s not just that some 20th Century laws are not equipped to handle 21st Century problems. (I read that in a Google ad a while back and still think it is a great statement.)  Its that since the time when many of the problems asserted in the alcohol industry were the subject of “tied-house” and […]

January 20

Oral Argument Video of Challenge to Alcohol Advertising Tied-House Regulations at 9th Circuit

As we said we would yesterday, here is the video of the oral argument that happened yesterday in Retail Digital Network, LLC, v. Director of Alcoholic Control Board, Applesmith (link is to our post from yesterday describing the case and why it is important to advertisers and brewers, vintners, and distillers.

January 19

Tied-House Challenge To Allow Alcohol Advertising Payments to Retailers Has Oral Argument In Front of En Banc 9th Circuit – Here’s a Live Link!

Officially, you can view 9th Circuit oral arguments here the day after they occur.  But that’s really not good enough, is it.  So here is a Youtube Link to be able to watch the Courtroom Session as it occurs.  The arguments are set for 1:00 p.m. Pacific Time today. In case you’ve had your head […]

January 18

Is it really a “tied-house” if your alcoholic beverage category isn’t sold by the retailer?

In a recent and interesting challenge to the three-tiered system’s prohibition on “tied-houses” a winery owner looking to maintain an interest in some Iowa convenience stores made an interesting argument:  since the convenience stores only sold beer and not wine, the mutual ownership didn’t violate the Iowa prohibition on tied-houses. Iowa, like most states has […]

January 16

Brewers, Vintners, and Distillers Get Your Money Back! (or hold on to it longer) – Federal Bond Requirements and Tax Payment Timing Changed for Small Breweries, Wineries, and Distilleries

The TTB’s new temporary rule, T.D. TTB-146 removes the bond requirements for breweries, wineries and distilleries that don’t pay more than $50,000 in excise taxes within the calendar year and that didn’t pay more than $50,000 in the prior calendar year.  If your winery, distillery, or brewery fits, the bill, you can amend your notice/registration […]

January 13

New Amendments to Illinois Wine Shipper’s License Allows Third-parties to Direct Ship Wine to Customers After Registering as Agents of Licensee’s

While Illinois residents aren’t much closer to finally being able to receive direct shipments from Kermit Lynch (except to the extent that wonderful man sells anything from U.S. wineries).  The provisions of new amendments to Illinois Wine Shipper’s license have made it easier for wineries to have third-parties appointed to ship on their behalf. Public […]

A call for analyzing the 3-tiered system? NJ Court says alcohol regulations need to be revisited in light of changing conditions

There’s an quote from Justice Holmes’ The Path of the Law that goes “[i]t is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished […]