The Governor of Wisconsin has a partial veto power that comes from the state constitution which allows for striking portions of bills to create entirely new (and even contrary) legislation from a bill that’s presented. (Wisconsin Cons. Article V, Section 10). Apparently this power was used to such effect that in 1990 the State Constitution […]
In early 2015, Wine Spectator questioned how serious the Chinese government was at addressing the problem of counterfeit wines and pointed to Alibaba’s site as a major culprit in promoting the sale of counterfeit bottles. A clever solution implemented by producers and brokers back then was the award of exclusive distribution rights within the country. […]
The TTAB (Trademark Trial and Appeal Board) recently affirmed the decision from the USPTO refusing to register the mark “La Finca” for wines on the basis that the vintner didn’t demonstrate that the brand had acquired distinctiveness since the translation of the term is “the estate” or “the farm” which is descriptive for wines. You […]
This recent dispute between a distiller and a company looking to contract manufacture a whiskey called Rattleback Rye has resulted in an opinion from a federal district court in South Carolina denying a motion to dismiss based on breach of contract grounds against both the company and its principals, but granting dismissal of claims for […]
In case you don’t remember, back in 2013 we shed some light on a series of class action lawsuits that were filed against Anheuser (AB InBev) alleging that water was added to beer to produce an alcohol content lower than what was stated on the labels. The claims of the initial lawsuits quickly shrunk from […]
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 […]
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 […]
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.