litigation.

A collection of 26 posts

litigation.

Wine Retailers Applaud Decision in Rhode Island Case

National Association of Wine Retailers commended the First Circuit Court of Appeals decision that found Rhode Island’s ban on wine shipments from out-of-state wine retailers to be discriminatory, contrary to the earlier ruling of the lower District Court. Moreover, the First Circuit Court of Appeals made the important determination

litigation.

Challenge to Rhode Island Shipping Laws a Split Decision

The First Circuit Court of Appeals upheld a lower court's ruling that Rhode Island's requirement that licensed retailers purchase bev/al only from licensed in-state wholesalers.  But it also found the lower court didn't sufficiently examine the state's evidence defending the in-state retailer requirement as well as the ban on

litigation.

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A federal district court has rejected a New York retailers claim that New Jersey's alcohol beverage System violates the 21st Amendment.  It is a valid exercise of the state's power under the 21st Amendment. "Whether in-state or out-of-state retailer, the New Jersey System requires all wine retailers abide" by the

litigation.

Sherry-Lehman's Landlord Sues Store for $3.6M in Unpaid Rent, Demands It Vacate Premises

Sherry-Lehman's landlord sued the wine retailer for $3.6 million in unpaid rent and demanded it vacate its Park Avenue store.  The store was closed by the New  York State Liquor Authority for not renewing its liquor license, but it hadn't paid its rent since the start of the pandemic

litigation.

Heaven Hill, Log Still Settle Trademark Dispute Over 'Dant'

Heaven Hill Brands said it and Log Still Distilling, LLC, a family-owned-and-operated spirits company in Nelson County, Ky., have finalized a mutually agreeable resolution of their dispute regarding the usage of the “J.W. Dant” trademark and its associated goodwill, which were purchased by Heaven Hill in 1993. The resolution,

litigation.

Formula Brewing Partners Disagreed on Everything, Firm is Restructured, Sold

After nearly two years of resolving contentious disputes between the founding partners as well as other stakeholders in Formula Brewing, an Issaquah, Wash., brewpub, restructuring specialist Revitalization Partners (RP) has sold the company to a group of investors operating as Formula Brewing LLC. The motion for sale approval was granted

litigation.

Wine Retailers Assn. 'Pleased' with Court Reversal on Direct Shipping

Ohio's ban on wine shipments by out-of-state retailers to Ohio residents, originally prohibited when a lower court upheld the state statute, faces a more difficult time, now that the Sixth Circuit Court of Appeals reversed the lower court decision and sent the case back for further evidence. The state will

litigation.

Diageo Severs Ties with Sean 'Diddy' Combs

Diageo funded the purchase of DeLeon for its joint venture with Sean "Diddy" Combs "and proceeded to invest more than $100 million to grow the brand over the course of our 15-year relationship, Mr. Combs contributed a total of $1,000 and refused to honor his commitments." And with that

litigation.

Brian Arden Wines Owners Ordered to Pay $800,000 to Investor

BAW Capital LLC, an affiliate of Brian Arden Wines, was ordered to pay nearly $800,000 to 83-year-old Violet Kaplan of Phoenix, Ariz. Kaplan said she was promised a 10% return, but she never saw a return on her $400,000 investment.   Owners of BAW Capital were ordered by a

litigation.

Black Cordon Vineyard Sues Management Firm, Says It Ruined 2 Acres of Fruit

Black Cordon Vineyard LLC allege that Bazan Vineyard Management LLC sprayed two acres of Cabernet Sauvignon vines with sulphur during a heat spike when temperatures were as high as 103 degrees Fahrenheit.  The resulting sulphur burn caused more than $100,000 of damages. Black Cordon hadn't been notified the vineyard

litigation.

Bev/Al Associations Backed Jack Daniel's

“While this case focused on silly dog toys, the issue of trademark infringement is very serious and this unanimous ruling is a big win for brand owners working hard to responsibly market their products,” said Courtney Armour, Chief Legal Officer, Distilled Spirits Council of the U.S. “The justices fully

litigation.

Bad Spaniels Dog Toy Infringed, Diluted Jack Daniel's Trademark, High Court Rules

The U.S. Supreme Court ruled VIP Products' squeaky, chewable dog toy designed to look like a bottle of Jack Daniel's whiskey both infringed and diluted the Jack Daniel's trademarks.   The fact the dog toy wasn't an exact replica of the Tennessee whiskey's label and bottle didn't make the infringements

litigation.

Sean 'Diddy' Combs Sues Diageo, Says It Neglected His Brands, Treated Them as 'Inferior, Urban' Products

Sean "Diddy" Combs, the Black rapper, producer and entrepreneur, sued Diageo, saying the company didn't make promised investments in his tequila and vodka brands and treated them as inferior "urban" products. Combs said he will seek "billions" of dollars in damages in othe lawsuits against Diageo. Combs said Diageo it

litigation.

Co-Packing Legal in Wisconsin

Contract manufacturing, or co-packing, and alternating proprietorship arrangements between properly permitted industry members are legal in Wisconsin, the Wisconsin Department of Revenue ruled. The ruling was a reversal of an earlier decision which had held these agreements were prohibited by state law.  This petition for declaratory judgment was the first

litigation.

Underground Cellar Files for Liquidation Under Bankruptcy Act

The notice was posted on its website.  The company, which had offered to store up to 500 bottles for free in its "secure Napa Valley cellar" and to ship 12-bottle cases for free attributed the closure to "recent market headwinds, and an inability to secure follow-on financing or an acquisition

litigation.

Napa Winery Sued For Not Paying Bills

Sonoma RSA Inc., a Napa engineering firm, alleges Susan Boswell, owner of Chateau Boswell stopped paying the firm in March 2022.  The suit is for $110,000 “direct, contract damages, including interest charges,” according to the complaint, filed in Napa County Superior Court. The lawsuit was first reported by Wine

litigation.

Coffee Firm Suit Says Crown Valley Winery Contaminated Coffee Firm's Products

Cafe Agave Inc., a San Diego alcoholic coffee drink company, sued Crown Valley Winery, alleging Crown Valley contaminated a large amount of Cafe Agave's product.  It says Crown Valley had a contract to can some of Cafe Agave's product. The suit says the contamination forced Cafe Agave to withdraw and

litigation.

Highlights of Jack Daniel's Case at Supreme Court

When VIP Products created a dog toy that copies Jack Daniel's trademark and trade dress and associates it with dog poop, it did "too much copying and not enough distinguishing," Lisa S. Blatt, an attorney representing Jack Daniel's told the Supreme Court Wednesday (3/22).  The Supreme Court heard the

litigation.

Sazerac Trying to Wreck 3-Tier System, RNDC Charges in Response to Sazerac Lawsuit

Divorces often get nasty, and the breakup of the long-term relationship between Sazerac Co. and Republic National Distributing Co. appears to fit that mold exactly. The parties have gone to court. RNDC says the lawsuit represents "the culmination of a scheme that Sazerac put into motion long before it suddenly

litigation.

High Court to Hear Arguments in Dog Toy Parody of Jack Daniels' Packaging

The U.S. Supreme Court will hear arguments Wednesday in a case in which Jack Daniel's Properties, a unit of Brown Forman that owns the intellectual property of Jack Daniels, is seeking to halt VIP Products from producing a dog toy that closely resembles a bottle of Jack Daniel's Old

litigation.

Alta Napa Valley Vineyards Sues Brian Arden Vineyards, Says It Didn't Pay for Fruit Harvested in 2022

In a complaint filed in Napa County Superior Court, Alta Napa Valley Vineyards said it delivered 3.354 tons of Cabernet Franc at $8 a ton, but Brian Arden Vineyards didn't pay.  Now, interest has pushed the total due to more than $29,100, plus attorney and collection fees. Arden

litigation.

Judge Halts Building of New Jack Daniel's Warehouses

Lincoln County, Tenn., building officials have been told to order a halt to construction of new warehouses used to age Jack Daniel's Tennessee Whiskey.  The problem:  Existing warehouses are emitting whiskey fungus, which appears as a black crust on surfaces.   The fungus, which consumes ethanol fumes, grows on surfaces near

litigation.

Winery Closed for Selling Without License

Ernest Hemingway Vineyards, Paso Robles, Calif.,  was shut down by the California Department of Alcohol Beverage Control for selling liquor without a license for three years.  Its owner, Daryn Pastuf, charged with selling without a license, a misdemeanor. He faces up to a $1,000 fine, six months in the

litigation.

Whiskey a Weapon When Used in Arson: California High Court

The case centered on whether an open bottle of whiskey and two torch lighters was a enough to convict a person of arson.   The defendant's lawyer argued whiskey can't be considered a "device," but the Merriam-Webster dictionary defines mechanisms as “a process or technique for achieving a result.” In an

litigation.

'Wholesaler' Offers $25,000 to Settle Charge of Operating Without a Basic Permit

Alcohol & Tobacco Tax & Trade Bureau accepted a $25,000 offer in compromise submitted by Abu Nawas Beverage Co. of Elkader, Iowa.  TTB said Abu Nawas allegedly operated as an alcohol wholesaler without a Federal Alcohol Administration Act basic permit from August 2011 to August 2021. The firm describes itself as