Tag: alcohol
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European Court of Justice Decides Winemaker Cannot Label Product as “Wholesome”
A European Court of Justice panel has determined that a German winemaker may not, under European Union law, place labels on its bottles including the word bekömmlich (meaning digestible, wholesome or nourishing). Deutsches Weintor eG v. Land Rehinland-Pfalz, Case C 544/10 (E.C.J., decided September 6, 2012). According to the court, “[b]y highlighting only the easy digestion…
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Air District Cites Kentucky Warehouse over Whiskey Fungus Vapors
The Louisville Metro Air Pollution Control District has reportedly issued violation notices concerning emissions from a whiskey warehouse owned by Diageo Americas Supply Inc., citing odor complaints and complaints about a black, sooty substance on neighboring properties between May 2011 and May 2012. The violations apparently carry a potential penalty of $10,000 per violation per day.…
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Wine Maker and Beer Brewer Dispute Right to Bow Tie Marks
A California winery has filed a complaint against Anheuser-Busch, LLC seeking a declaration that the winery has not infringed any of the brewer’s protectable trademark rights and that the winery’s use of the BOW TIE word mark and Bow Tie slogan to sell its wine “does not constitute unfair competition.” San Antonio Winery, Inc. v. Anheuser-Busch,…
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Longneck Beer Bottles Not Unreasonably Dangerous in Texas Bars
A Texas appeals court has dismissed product liability and negligence claims filed by a woman injured when she was struck twice in the face with a longneck beer bottle during a birthday celebration at a bar known for its violence. Gann v. Anheuser-Busch, Inc., No. 08-00017 (Tex. App., 8th Dist., July 25, 2012). Affirming the…
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FDA Seeks Comments on Recordkeeping Burdens for Certain Beer Makers
FDA has issued a request for comments on a proposed information collection that will add the manufacturers of certain beers as respondents to its labeling regulations and seeks Office of Management and Budget approval of allergen labeling for these beers. The agency explains that after the Alcohol and Tobacco Tax and Trade Bureau determined that…
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EU General Court Finds Scotch Maker’s “Royal Shakespeare” Trademark Invalid
The European Union (EU) General Court has affirmed a ruling of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and dismissed the application of a beverage company to register “Royal Shakespeare” as a word mark for its scotch whiskey. Jackson Int’l Trading Co. Kurt D.…
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New Claims Filed: Medical Monitoring Sought for Animals from Pet Food Co., Foie Gras Ban Challenged, Trade Secret Dispute over Beer Bottle Design, Challenge to “Guiltless” Alcohol Beverage Trademark
A New York resident has filed a putative class action against Diamond Pet Foods and Amazon.com, seeking medical monitoring for pets that consumed recalled Salmonella-tainted pet food. Cohen v. Schell & Kampeter, Inc., d/b/a Diamond Pet Foods, No. 12-3299 (E.D.N.Y., filed July 2, 2012). Plaintiff Steven Cohen alleges that he fed his dogs Taste of the…
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Court Rulings: Damages Apportioned Along Supply Chain in E. Coli Litigation, Taco Bell Cleared of Unauthorized Text Message Claims, “Heart Attack” and “Bypass” Sandwich Dispute Resolved, False Ad Suit over Muscle Milk® to Proceed, Skinny Girl Margarita® “All Natural” Claims Survive Motion to Dismiss, Conditions Imposed on Pesticide Spraying
The Wisconsin Supreme Court has decided which of the parties sued over an E. coli outbreak that sickened dozens of Sizzler Steak House patrons in 2000 and caused the death of a 3-year-old are liable for consequential damages, indemnity and costs under various supply chain and insurance contracts. Kriefall v. Sizzler USA Franchise, Inc., Nos. 2009AP1212 &…