Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law
Florida based wine importer, Palm Bay International Inc., has filed a lawsuit against Italian wine producer, Citra, over the trademarks “Sheep Thrills” and “Niro.” In the complaint, filed February 20, 2018, Plaintiff’s Palm Bay allege that Defendant Citra has wrongfully claimed ownership of its “Sheep Thrills” and “Niro” trademarks and that Palm Bay’s ownership of the marks is “clouded” by…
The Trademark Trial and Appeal Board (TTAB) has ruled that a Ternura brand of cigars is confusingly similar to Ternura tequila, dubbing the two types of product as “complementary” and linked in the minds of consumers, according to Law360. The board affirmed a decision...
This week a Tenth Circuit panel reversed and vacated an arbitration decision that had previously exempted an Oklahoma tribe from $27 million in alcohol sales taxes. The case began after a 2014 tax audit was launched by Oklahoma tax authorities, according...
According to TTB, it conducted a joint operation with the Illinois Liquor Control Commission (“ILCC”) regarding alleged “pay to play” or “slotting fee” activities. Per the TTB announcement, “this is the second large-scale trade practice enforcement joint operation that TTB has conducted this year [the other being in Miami] as part of our ongoing effort to secure a level playing field nationwide…
Heineken, importers of Desperados beer, is battling Mexico’s Consejo Regulador del Tequila (“CRT”) over the beer being tequila flavored. Use of the name tequila in alcoholic beverages (like Champagne or Cognac) is a designation of origin regulated by the CRT. The CRT says the beer violates the rules because the beer is, well, a beer and not a spirit. According to Beverage…
After almost seven years of back and forth legal battles, a jury deliberated for almost four hours before reaching a unanimous verdict in favor of Globefill Inc. (Crystal Head Vodka) suit against Elements Spirits Inc. (Kah Tequila) for infringement of Globefill’s bottle trademark of its unique crystal skull shaped vodka bottle. Actor Dank Akroyd’s vodka brand had brought a suit…
Over the past several months we reported on the lawsuit between New York’s Empire Merchants and Breakthru Beverage. Empire had alleged through its complaint that from 2009 to 2016, the defendants collectively conspired and acted in a criminal scheme for a period of time over the past eight years to smuggle wine and spirits, worth millions of dollars, into New…
As previously discussed, a group of plaintiffs brought a suit against Anheuser-Busch LLC in the Ninth Circuit Court arguing that the brewer’s use of the term “light” on the labeling of the Lime-A- Rita packaging was misleading to consumers as being a lighter alternative alcohol beverage. The Ninth Circuit Court affirmed the dismissal appeal of the case against Anheuser-Busch ruling that…
The saga continues in the lawsuit between New York’s Empire Merchants and Breakthru Beverage. In our blog on September 21, 2016, we had reported that Empire Merchants filed federal fraud charges against a long list of defendants including, Breakthru, Reliable Churchill, and several Maryland retailers. Empire had alleged through its complaint that from 2009 to 2016, the defendants collectively conspired…
America has fallen in love with craft beer and big retail took notice and wants to take a chunk of the ever expanding demand. Unfortunately, some consumers have been misled by America’s largest retailer: Walmart. Walmart has been selling beers that are not truly “craft” beers, but instead private-label beers produced at a large industrial brewery in Rochester, New York.…
