Tuesday, January 24, 2012

Is Your Brand Safe in Asia?

China is the new darling of luxury good exports, including wine.  However, many wineries fail to fully consider the need to protect their trademark in China prior to doing business there.  Not only is counterfeiting a problem in China, but so is trademark squatting where Chinese nationals pre-emptively register foreign company trademarks.  Scott Gerien, the head of DP&F's intellectual property practice, discusses these issues in his column in the January 2012 issue of NorthBay biz which may be accessed HERE.

For more information or assistance on international trademark protection contact Scott Gerien at

Friday, January 20, 2012

Seminar on How to Collect on Deadbeat Accounts

Dickenson Peatman & Fogarty partners David Balter and John Heffner are featured speakers at the National Business Institute’s seminar "Collections; Seeking and Collecting a Judgment," which will be held on January 24, 2012 in San Francisco, California. This seminar will be of special interest to wineries, growers, distributors and retailers, as well as anyone interested in learning the nuts and bolts of resolving their account receivable issues. Further information regarding this seminar can be found at the following LINK

Thursday, January 5, 2012

Self-Checkout Purchase of Alcohol Still Prohibited Despite California Grocer's Petition

On January 1, 2012 California Business & Professions Code Section 23394.7 took effect prohibiting the sale of alcoholic beverages at customer-operated checkout stands.  On December 23, 2011, prior to the enactment of this provision, the California ABC issued an Industry Advisory providing guidance to retailers in complying with the new law.  This was promptly followed on December 28, 2011 by the California Grocer's Association filing a petition for writ of mandate with the 3rd District Court of Appeal in Sacramento to stay the advisory on the basis it was not a proper interpretation of the law. 

While the 3rd District has temporarily stayed the Advisory pending a full hearing on the matter, the law remains in full effect.  Historically, ABC has not enforced a statute or rule that is the subject of an appeal or writ.  However, it is unclear as to how the ABC may proceed given that, even though the Advisory has been stayed, the underlying law that is the subject of the Advisory remains in full effect.  Accordingly, retailers continuing the sale of alcoholic beverages at self-checkout stands do so at their own risk.

For further information or assistance on California ABC matters contact Mike Mann at