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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Liability Waivers for Psilocybin Service Centers
Josh Zetlin

Liability Waivers for Oregon Psilocybin Service Centers

Consumer-facing businesses in emerging industries face extensive risks, especially when the core business service constitutes a potentially dangerous or hazardous activity. This maxim holds true for psilocybin service centers in Oregon, where customers pay to receive cutting-edge therapies involving controlled substances. Written liability waivers represent one of the best ways for psilocybin service centers in Oregon to mitigate their risks. What Legal

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Josh Zetlin

Labeling and Trademarks for Oregon Psilocybin Manufacturers

Oregon leads the nation in building a regulated psilocybin industry.  As this industry grows and matures, operators must remain mindful of important intersections between regulations and intellectual property.   Background: Oregon Psilocybin Services Act & Finalized Rules The Oregon Psilocybin Services Act Ballot Measure 109 (M109), otherwise known as the Oregon Psilocybin Services Act (the “OPSA”), established a legal basis for

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Josh Zetlin

NFTs, Blockchain, Cryptocurrencies, and the Next Frontier of Trademarks

Most nationally recognized brands seem to remain bullish on expanding into next-generation frontiers, such as Web3, non-fungible tokens (“NFTs”), virtual goods, and even cryptocurrencies. Taking their cue from giants in other industries, ambitious cannabis, beverage, and other highly-regulated industry companies may want to shore up their brand protection assets in these important spaces before it’s too late.

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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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