Empire Wine Perseveres

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In the ongoing Empire Wine-New York State Liquor Authority saga, an acting state supreme court justice has ruled that the Colonie wine retailer can question NYSLA employees regarding its enforcement of the Alcohol Beverage Control (“ABC”) Law. Justice Gerald Connolly ordered NYSLA to comply with subpoenas issued by the retailer during the course of a protracted license revocation proceeding. As you may recall, NYSLA issued Empire a citation in August 2014 for “improperly” shipping wine to customers in 16 other states. This proceeding, which is an administrative process, has made several detours into state court and even into the legislature.

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Wine v. Beer: Another Trademark Battle

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On April 30, Washington state wine producer Ste. Michelle Wine Estates (“Ste. Michelle”) filed suit against Colorado-based brewery Twisted Pine Brewing Company (“Twisted Pine”), alleging federal trademark infringement and other unfair business practices. Ste. Michelle claims that Twisted Pine’s use of NORTHSTAR to sell Northstar Imperial Porter infringes the winery’s rights in that trademark, which it uses for its highly rated Northstar wine. This case is one of a growing number of trademark infringement disputes involving different kinds of alcoholic beverages. The outcome will depend on just how different the court thinks wine and beer are.

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Prolific Purveyor of Plonk: Part 2

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For me, one of the highlights of 2014 was attending Rudy Kurniawan’s sentencing hearing. Kurniawan had become larger than life, rocketing to stardom in the rare and fine wine world (see my first post for details). At the hearing, though, the illustrious Dr. Conti, wizard of wine and bilker of billionaires, was as unassuming as a petty thief. I guess the prospect of going to prison for a long time is kind of sobering.

Kurniawan had been convicted of mail and wire fraud in connection with the sale of counterfeit wine. Last month, his attorney filed an appeal alleging that (1) the FBI’s searches of Kurniawan’s home violated the Fourth Amendment, (2) the events alleged in Count One of the indictment (some of them time-barred) were improperly joined, and (3) it was unfair to use only the price paid by Kurniawan’s victims (as opposed to the impact of the price on these wealthy individuals) in establishing a sentencing guideline. 

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Medium-plus Arsenic: A California Wine Lawsuit

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In a fraud and product liability lawsuit filed in the Los Angeles County Superior Court on March 19, four plaintiffs allege that more than 80 well-known California wines contain “toxic levels of inorganic arsenic.” The plaintiffs, Doris Charles, Alvin Jones, Jason Peltier, and Jennifer Peltier, claim that more than 25 defendant wine companies[1] knew or should have known that their wines contained dangerously high levels of arsenic, and that these companies actively concealed this fact from consumers by marketing their wines as safe for consumption. The plaintiffs seek, among other things, compensatory and punitive damages, restitutionary disgorgement, and injunctive relief. They also request class certification. The allegations have some consumers worried, as the allegedly contaminated wines include several very popular brands.

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