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Tag Archives: wine lawsuits

Winebits 329: Legal affairs edition

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Winebits 329: Legal affairs editionBecause the Wine Curmudgeon is always amused by the legal side of the wine business:

Blame it on Utah: The Wine Curmudgeon has first-hand experience with Utah’s liquor laws, thanks to a story I wrote about the 2002 Winter Olympics in Salt Lake City. But not even I was ready for this excellent piece of reporting by Nancy Lofholm in The Denver Post. How about eight different liquor licenses? Or that some establishments have to have a barrier between customers and the bartender, and that others don’t — even if they have the same license? But don’t worry too much. Says one Utah tourism official: “We are not the only state with peculiar liquor laws.”

Scores don’t matter: Or, did a New York judge tell a wine drinker that a high score can’t be the basis for suing about wine quality? There are many ways to interpret the decision, in which a Manhattan judge dismissed a lawsuit (requires free registration) in which a consumer wanted a refund from a wine store because he didn’t like the six bottles of 91-point wine he bought. The judge wrote that wine taste is subjective, and so can’t be the basis for a lawsuit. I know the wine in question, a decent enough bottle of Rioja, but one that’s probably not worth the $12.99 the consumer paid. Damn those scores anyway.

Questioning three-tier? Or so says this post from the Libation Law blog, analyzing a New Jersey court decision that said “New Jersey’s liquor control laws and regulations must be administered in the light of changing conditions.” Which, of course, is what those of us who want to reform the three-tier system have been saying for years: That a system put in place at the end of Prohibition to keep the mob out of liquor has outlived its reason for being. The decision, which dealt with distributors and how they paid commission, is esoteric, but Ashley Brandt at Libation is optimistic that it “strengthens the argument that a vigilant regulatory system can uncover and prohibit the practices that people claim the three-tiered system was meant to forestall.” The Wine Curmudgeon, with his vast legal experience (a semester of First Amendment law in college) isn’t quite so sure, but who am I to ruin a good mood?

Winebits 328: Scottish wine, wine marketing, lawsuits

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Winebits 328: Scottish wine, wine marketing, lawsuits

Scottish wine for a Scottish dish, haggis

Talk about terroir: A Scottish winemaker — yes, that’s correct — says climate change has made it possible to make wine in his country. Christopher Trotter, a chef and food writer, wants to grow six acres of grapes in eastern Scotland, and says that the warmest weather in centuries will make it possible. One caveat: It’s still cooler than most of the world’s wine regions, so he has to use grapes that are cold hardy and that don’t necessarily make great wine. The article, from the Bloomberg news service, is also an excellent look at how warmer temperatures around the world will affect the wine business.

A glass of Chloe, please: The Wine Group, which gave the world Cupcake, is making another marketing play, this time with a brand called Chloe. As Robert Joseph writes, the company’s approach has nothing to do with wine per se, but with how it is sold to the public. Chloe is being marketed like jewelry or perfume, costing about one-third more than the $10 to $12 Cupcake. This is The Wine Group’s particular genius, and which is rarely seen in wine, that it can position its brands as lifestyle products and get a premium for what will almost certainly be a very ordinary bottle of Italian pinot grigio (given the quality of its other wines). But, as many have noted, the people who buy these kinds of wines aren’t buying them for what’s in the bottle.

Bring out the lawyers: The Wine Curmudgeon has always enjoyed watching companies sue each other over labels and brand names, and this one is particularly enjoyable. Beverage Digest reports that Diageo, the world’s largest drinks company, says family-owned Heaven Hill is trampling on its intellectual property in Canada with a product called Admiral Nelson spiced rum, which too closely resembles Diageo’s Captain Morgan spiced rum. How many billable hours will this require? The article discusses — seriously, I suppose — that one issue in the lawsuit will be how similar the character of Nelson, the greatest hero in British naval history, is to Morgan, who was a pirate. Sadly, wigs are no longer worn in Canadian courts, or this would be even more fun to watch.

Winebits 322: Availability, lawsuits, wine writing

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Winebits 322: Availability, lawsuits, wine writingInvisible wines: Mike Veseth at the Wine Economist weighs in on availability and the three-tier system, writing off the recent Eric Asimov column. “Asimov uses the article to respond to readers who are frustrated that the fabulous wines he often praises turn out to be nearly impossible for them to actually experience. … Asimov is sympathetic to his readers’ frustration and explains how the almost hopelessly fragmented US wine market (a lasting legacy of Prohibition) makes it nearly impossible to talk about important wines if you limit your list to only those that can be found in all the nation’s many marketplaces.” In this, he puts Asimov in perspective, noting that there are tens of thousands of wines that are made around the world, most of which we’ll never get a chance to buy. I’m not so sure Veseth is defending the three-tier system as much he is reminding us that there is more to wine than what we find in the grocery store, and that there is a certain joy in that.

Bring out the attorneys: Because, frankly, the Wine Curmudgeon takes an almost unhealthy glee in reporting that wine companies are suing each other. This time, Veuve Cliquot, the French Champagne giant, is suing Ciro Picariello, a tiny Italian producer that makes spumante. The former says the latter’s label is the same color as Veuve’s, and that’s illegal. That the wines have nothing else in common save bubbles is apparently irrelevant. And, as Diana Goodman notes in the linked article, the colors don’t look that similar, either. Isn’t it reassuring to see Big Wine spending its money to make a better product?

• “Depths that need to be stirred:” The Italian Wine Guy is one of the best writers in wine in the world today, and I almost always want to leave a comment on one of his posts. And I’d say that even if he wasn’t a friend of mine. So, the next time the wine world leaves you frazzled and worn out, and you’re tired of the foolishness that too often passes for wine writing and criticism, read this post. It will make you feel better. It did me.

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