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The Wrath of Blue (Laws)

Date: Mon, Sep 20, 2010 Winery Blogs Wine Business

The topic of this article was prompted by the suggestion of Joy Alessandra Kull ’09, a colleague of mine from the Cornell University School of Hotel Administration who is professionally involved with the wine industry. Historical Context of Early Alcoholic Beverage Regulation One of the most captivating aspects of wine law that I have discovered [...]

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The New Text of H.R. 5034 (CARE Act)

Date: Fri, Sep 17, 2010 Winery Blogs Wine Business

H.R. 5034, the Comprehensive Alcohol Regulatory Effectiveness (“CARE”) Act, has recently undergone a change in its text. The new text of the bill reads as follows: “State or territorial regulations may not intentionally or facially discriminate against out-of-state or out-of-territory producers of alcoholic beverages in favor of in-state or in-territory producers unless the State or [...]

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The TRIPS Agreement and the Wine Industry

Date: Thu, Sep 16, 2010 Winery Blogs Wine Business

When considering international relations with respect to the wine industry, most literature recites the Agreement on Trade-Related Aspects of Intellectual Property Rights (commonly called the “TRIPS Agreement”). Generally speaking, the TRIPS Agreement creates standards of intellectual property (“IP”) regulation amongst other members of the World Trade Organization (“WTO”).  This agreement is the first multilateral agreement [...]

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Group Sues San Diego County on New Winery Policy

Date: Sun, Sep 12, 2010 Winery Blogs Wine Business

On September 3, 2010, the San Diego Citizenry Group, on behalf of various property owners throughout San Diego, brought suit against San Diego County’s Board of Supervisors challenging a new ordinance approved on August 4, 2010. The ordinance reportedly creates a more manageable process for wine growers to open wine-tasting rooms and create small wineries [...]

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One Woman Winery is of Unparalleled Taste

Date: Thu, Sep 9, 2010 Winery Blogs Wine Business

One of my favorite wineries on the North Fork of Long Island (and trust me, it can be difficult at times to choose) is One Woman Wines & Vineyards. As a woman who values architectural beauty and ambience during her wine tastings, my list of favorites generally reflect larger Long Island producers who house their [...]

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Agreement Between Australia and the European Community on Trade in Wine

Date: Mon, Sep 6, 2010 Winery Blogs Wine Business

Just to clarify a prior post of On Reserve, the 1994 wine agreement between the European Community and Australia that prevented Australia from producing wine of particular GIs did name several of the wines mentioned in the most recent agreement between the two powers. These GIs, under Article 8 of the 1994 agreement, did not [...]

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Class Action Law Suit Against Constellation Brands Inc. for the Sale of Fraudulent Pinot Noir

Date: Sat, Sep 4, 2010 Winery Blogs Wine Business

Over the last few months, there has been an ongoing class action claim against Constellation Brands Inc. (of Victor, NY) for selling fraudulent Pinot noir in the United States from a French supplier. Constellation Brands is one of the largest sellers and manufacturers of wine in the world and sells many of the popular premium [...]

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Australia Adopts EU’s Geographical Indicator System

Date: Fri, Sep 3, 2010 Winery Blogs Wine Business

This last week, Australia signed an agreement with the European Union to comply with the geographical indicator (GI) system of the EU. The new agreement replaces an agreement signed in 1994 between the two wine powers and protects eleven of the EU drink labels and 112 of the Australian GI’s. Specifically, this means that many [...]

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The Alcoholic Beverage Legal Environment Post-Granholm

Date: Mon, Aug 30, 2010 Winery Blogs Wine Business

This article gives rise by suggestion of Tom Wark of Fermentation. It explores the legal environment, post-Granholm, relative to the constitutionality of the several state liquor regulatory laws and the underlying effect of the Supreme Court’s holding in Granholm. These three cases include Siesta Village Market LLC v. Steen, 595 F.3d 249 (5th Cir. 2010), [...]

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Wine Legislation Brewing in California

Date: Sat, Aug 28, 2010 Winery Blogs Wine Business

Recently, California legislators approved a proposed wine label law for those wine products of Sonoma County that will subsequently require vitners to place “Sonoma County” on any wine label that names a local appellation. The bill, Assembly Bill 1798, passed in the state Senate 36-0 on Monday and in the Assembly 74-0 on Friday. The legislation, [...]

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In Vino Veritas: In Wine There is Truth

Date: Sat, Aug 28, 2010 Winery Blogs Wine Business

In recent years, China has become one of the greatest markets for American wine exports. In 2003, China imported over 1.2 millions liters of American wines, making it the 24th largest market for American wine exports. (See New Opportunities in China for American Wine Producers.) In May of this last year, the U.S. Commerce Secretary [...]

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Virginia Ban on Alcohol Advertisements in Student Publications May Reach SCOTUS

Date: Tue, Aug 24, 2010 Winery Blogs Wine Business

Stay tuned for what could be another exciting Supreme Court case relative to alcohol regulation. The American Civil Liberties Union (ACLU) asked the Supreme Court to review The Virginia Alcoholic Beverage Control Board’s ban of ads in student publications that promote beer, wine, or mixed drinks (unless part of a larger advertisement promoting a restaurant). [...]

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New Zealand Alcohol Laws Have Correct Objective but Incorrect Means

Date: Sun, Aug 22, 2010 Winery Blogs Wine Business

The recent liquor law reforms of New Zealand’s government aim to restrict the amount of underage drinking and dispose of the country’s underage drinking culture. However, the changes to New Zealand’s laws reportedly punish the wrong individuals, forbidding dairy and convenience stores from obtaining the proper license to sell alcohol, while still allowing local supermarkets [...]

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The Sparkling Wine War

Date: Thu, Aug 19, 2010 Winery Blogs Wine Business

With respect to On Reserve’s post on geographical indicators and trademarks in the wine industry, I recently stumbled upon an article in the ABA Business Law Section written by Carol Robertson (author of The Little Red Book of Wine Law). The article grants a greater depth to the background of the legal conflict between geographical [...]

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