Legal Insights

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries
Josh Zetlin

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries

Startup costs can present a major hurdle for businesses seeking to make their mark in the wine industry.  Fortunately, the “alternating proprietorship” model presents an opportunity for an ambitious company to produce its own wine without the burden of certain significant startup costs.  It also offers financial opportunities for existing wineries with excess capacity.  And, notably, in contrast to the

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Custom Crush Relationships and the Foundational Custom Crush Agreement
Josh Zetlin

Custom Crush Relationships and the Foundational Custom Crush Agreement

Introduction to Custom Crush Agreements The wine industry is complex, and it takes a significant amount of time, money and skill to produce a high-quality product. One aspect of the industry that has been gaining popularity in recent years is the “Custom Crush” model of business. This structure lets an aspiring wine maker enter the business without a producer’s license

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Grape Purchase Agreements are a type of contract governing the transaction between winemakers and third-party grape growers.
Josh Zetlin

Grape Purchase Agreements: Understanding Contracts in the Wine Industry

Introduction Grapes are the foundational ingredient of wine, so it should come as no surprise that the contract for winemakers to purchase grapes from winegrowers – the Grape Purchase Agreement – represents a crucial aspect of the wine industry. Nearly all winemakers purchase at least some of their grape supply from third-party grape growers. Grape Purchase Agreements, the type of

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Trademark Modernization Act - Shortened USPTO Office Action Response Deadlines and Faster Trademark Registration Timelines
Josh Zetlin

Trademark Modernization Act – Shortened USPTO Office Action Response Deadlines and Faster Trademark Registration Timelines

Introduction: The Trademark Modernization Act of 2020 Recent changes to United States trademark laws herald significant changes for brand owners.  In particular, the Trademark Modernization Act of 2020 (TMA) established new rules for trademark enforcement, prosecution, and maintenance. The TMA adjusted United States Patent and Trademark Office (USPTO) procedures, implementing expedited trademark application timelines and creating new enforcement tools for

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Josh Zetlin

Commercial Contracts for Wineries and Other Beverage Companies: A Primer

Introduction Wineries and beverage businesses face unique challenges when it comes to commercial contracts. From sourcing grapes to distributing wine or other beverages, beverage businesses must navigate complex supply chains, regulatory requirements, and shifting market demands. To succeed, it’s essential to have strong commercial contracts in place. In this article, we’ll explore the essential elements of commercial contracts and the

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Cybersquatting can dilute and harm a brand in many ways, including by drawing potential customers and business opportunities away from a business. The cost of a UDRP action could prove very worthwhile when a disputed domain is actually damaging a business.
Josh Zetlin

UDRPs for Regulated Substance Domain Names

Cybersquatting can dilute and harm a brand in many ways, including by drawing potential customers and business opportunities away from a business. The cost of a UDRP action could prove very worthwhile when a disputed domain is actually damaging a business.

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Intellectual Property Considerations for Alcoholic Beverage and Cannabis Labeling
Josh Zetlin

When it comes to Alcohol and Cannabis Labels – Don’t Forget the Intellectual Property!

When scrolling through bottles of wine and beer at your local liquor store, or browsing the cannabis products in a neighborhood dispensary, labels jump out as one of the most important ways for a beverage or cannabis business to connect with its customers. Labels capture consumers’ attention, distinguish products from each other, and convey important information to potential buyers. This

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Workplace misconduct -- such as health and safety violations, retaliation, drug and alcohol use, and theft or fraud -- ranks among the most important legal challenges a cannabis or beverage company might encounter
Josh Zetlin

Investigate Workplace Misconduct…Don’t Turn a Blind Eye!

The mountain of legal issues facing businesses in regulated industries often seems overwhelming. But, thoughtful management can utilize an important tool – internal investigations – to uncover and mitigate potential workplace-related liabilities before they spiral out of control.  What is Workplace Misconduct? Workplace misconduct — such as health and safety violations, retaliation, drug and alcohol use, and theft or fraud

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Trademark Opposition for Cannabis and Beverage Businesses
Josh Zetlin

Trademark Opposition Proceedings for Cannabis and Beverage Businesses

Trademarks represent important corporate assets of all consumer-facing companies, especially those in highly regulated industries, like the cannabis or beverage industries.  The intellectual property comprising a company’s brand sets a business apart from its competitors and can even help overcome the stigma traditionally associated with many highly regulated industries. An important aspect of creating, owning and utilizing these important intellectual

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