Wines & Vines

June 2013 Enology & Viticulture Issue

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wine marketing be willing to simply adopt California's guidelines. In other words, there is still some uncertainty in the alcoholic beverage regulatory world as to how TPPs will be treated. In engaging a TPP to help market their brand, wineries need to keep in mind that they are ultimately responsible for actions of the TPP. Should a state liquor authority find that a TPP's actions violated alcoholic beverage law, the licensee could face disciplinary action. Wineries need to keep a close eye on the evolution of TPP rules and regulations in the months and years to come to avoid running afoul of state alcohol beverage laws. PWV John Trinidad is a Napa, Calif.-based wine law attorney at Dickenson, Peatman & Fogarty, where he works with the alcohol beverage business, and intellectual property departments. Prior to joining Dickenson, Trinidad served as a litigator in Washington, D.C., and San Francisco, Calif., and worked harvest for wineries in Burgundy and Healdsburg, Calif. He is a graduate of Harvard College in Cambridge, Mass., and the New York University School of Law. Neither John Trinidad nor Dickenson, Peatman & Fogarty represent ShipCompliant or any other company mentioned in this article. 1. California Department of Alcoholic Beverage Control, Industry Advisory (June 2009) available at abc.ca.gov/ trade/Advisory-Third%20Party.pdf. 2. California Department of Alcoholic Beverage Control, Industry Advisory (October 2011) available at abc. ca.gov/trade/IA%20Third%20Party%20 Providers.pdf. 3. ShipCompliant press release, "ShipCompliant Launches New 'MarketPlace' Platform for Wineries and Online Wine Marketers: New Compliance Tool Helps Wineries and Online Marketers to Reach More Customers," (Jan. 18, 2012), available at prweb.com/releases/2012/1/ prweb9119635.htm. 4. NYSLA, "Special Full Board Meeting Regarding Internet Advertising and Sales," available at abc-state-ny.granicus. com/DocumentViewer.php?file=abc-stateny_6d768deecde7a172de3f2a0db2a9d 4eb.pdf&view=1&showpdf=1. 5. New York State Liquor Authority, Declaratory Ruling: Application of Six88 Solutions, Inc. dba ShipCompliant for a determination on legality of Internet advertising platform (Declaratory Ruling 2013-01006A), available at sla.ny.gov/ system/files/2013-01006A_-_Internet_ Advertising_Platform.pdf. "Paper or Plantra " ® The choice is yours! Cover with a carton or Jump Start the whole planting! New Vine or Orchard Tree Checklist Jump Start Grow Tubes P P P Mini-greenhouse blocks wind without blocking optimal sunlight Uniform growth and full height reduce training trips Multi-year weed spray protection Paper Cartons NO NO NO Learn more at www.PLANTRA.com to Jump Start your new planting 800-951-3806 ©2013 Plantra, Inc. KELVIN COOPERAGE founded in 1963, is owned and operated by the McLaughlin family. • American white oak naturally aged in Louisville for 24 or 36 months from Kentucky and Minnesota. • French oak naturally aged in France for 36 months from Central/Northern France. • Hydra™ and Slow toasting methods available. • Limited annual production: 5,000 new Bordeaux/Burgundy barrels. • RESERVE American oak barrel, naturally aged 36 to 48 months. Controlled grain selection. Limited production. The Boswell Company (Western U.S. sales) Tel: 415.457.3955, Fax: 415.457.0304 www.boswellcompany.com email: staff@boswellcompany.com pr actica l win ery & vin eya rd JU NE 20 13 57

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