Pinot Law

There is something that has been troubling me lately. I have been reading a fair amount about AVA issues at the TTB. Particularly, they have one rulemaking proceeding addressing establishment of the Calistoga AVA, and another proposing broad changes to the AVA process. But in each of these proceedings, TTB — and even some of the commenters — seem to give short shrift to trademark.While I understand that TTB has broad authority with respect to labeling issues, does that authority trump trademark law? It seems to me that if the Patent and Trademark Office deems a trademark suitable for commerce, an argument could be made that the TTB lacks the requisite statutory authority to prevent the use of that trademark by a winery.

I examined some of the various AVA proceedings posted on the TTB website, and each makes passing reference to TTB’s view that wineries cannot use a designated AVA in their brand name, even if they have a trademark. At least one of the commenters in the Calistoga AVA proceeding raised a takings argument that a COLA is a protected property interest for purposes of the due process clause, requiring procedural due process before it may be revoked. They cited to the Cabo Distributing Co., Inc. v. Brady case, although this case seems to have a different outcome. But neither of these cases delve extensively into trademark issues?

Anyway, I thought it was an interesting issue and that I would throw it out there. If any of you have thoughts, feel free to comment.

The Law of Property in Shakespeare and the Elizabethan Drama used under a Creative Commons license provided by umjanedoan.