Legislative Update: New Laws Ease Restrictions for Some Producers and Retailers

In my previous post, I wrote about three wine-related bills that were sent to Governor Cuomo for signature. Yesterday the Governor signed two of those bills, S440B and S4668, and vetoed the other, S1130. S440B and S4668 ease certain burdens on retailers and wineries, respectively, while S1130 would have made it more difficult for on-premises retailers to obtain special permits. This is good news for many establishments that produce and sell wine—something to be grateful for this Thanksgiving!

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Legislative Update: Bills Sent to the Governor

Eighty bills were delivered to Governor Andrew Cuomo on Tuesday, and three of them will directly affect wine producers and retailers if signed. Pursuant to section 7 of Article IV of the State Constitution, the Governor has until November 21st to sign or veto these bills.[1] See below for summaries of the wine-related bills, and be sure to check my legislation tracker for updates on these measures and some of the other wine-related legislation that is currently pending.

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NYSLA Adopts Reforms Following the 2015 New York Beer, Wine, Spirits and Cider Summit

Eight days after the 2015 New York Beer, Wine, Spirits and Cider Summit, Governor Cuomo announced a series of reforms adopted by NYSLA to ease burdens on producers and retailers and spur further growth in the sector. These reforms, which took effect October 15th, are intended to eliminate certain barriers to the promotion and sale of craft alcoholic beverages. Here is an overview of the wine-related changes.

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French Government Opposes U.S. Registration of Two More Wine Trademarks

Last month the Trademark Trial and Appeal Board ("TTAB") made headlines when it reversed a Trademark Examining Attorney’s decision refusing registration of the mark MONTUSSAN. The Examining Attorney reasoned that, because Montussan is the name of a wine-producing town near Bordeaux, the mark MONTUSSAN was "primarily geographically descriptive" under Section 2(e) of the Trademark Act. TTAB found that Montussan is “obscure,” and thus the MONTUSSAN mark was not barred from registration under Section 2(e). Now, two more trademarks that include the names of French regions are under dispute. LJC Wine Co., LLC’s LOIREGON and Southwest Winery Associates’ DOMAIN CHARLEMAGNE contain the names of designations of origin that are protected by French and European Community law. l’Institut National de L'Origine et de la Qualité ("INAO"), the French government agency responsible for establishing and policing the use of geographic indications, has opposed the registration of these marks, alleging that they are geographically misdescriptive under Section 2(a) of the Trademark Act.

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