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Trademark Protection for Plant Varieties: What Cultivators and Nurseries Need to Know

Trademarks are among the most valuable assets of any business, including those in the plant cultivation industry. For nurseries, farms, and other plant-growing businesses, a trademark can offer significant legal and commercial advantages by distinguishing their offerings in a competitive marketplace. What Is a Trademark? A trademark can be any word, phrase, symbol, design, or combination thereof that identifies the

Rogoway Law Group June 30, 2025

Plant Variety Protection: Securing Intellectual Property Rights for New Plant Varieties

Plant breeders, including nurseries, cultivators, and agricultural developers, regularly create new plant varieties that can carry substantial commercial value. Protecting these innovations as intellectual property is essential for maximizing their potential. The Plant Variety Protection Act (PVPA) (7 U.S.C. §§ 2321 et seq.) provides legal rights to breeders of new plant varieties. Administered by the Plant Variety Protection Office (PVPO),

Rogoway Law Group June 23, 2025

Labor and Employment | Breweries | Brewery | Lawyers | Legal Matters

Key Legal Considerations for Breweries, Part II: Labor and Employment Matters

Introduction to Labor and Employment Issues in Breweries All startups face challenges, but certain recurring issues are especially important to address at the very early stage of a business and throughout the lifecycle of a business. Breweries must be mindful of labor and employment matters, including how they categorize employees verses independent contractors, having employee policies and handbooks in place,

Rogoway Law Group May 20, 2024

Key Legal Considerations for Breweries, Part I: Transactional and Contract Matters

Introduction to Industry-Specific Challenges All startups face challenges, but some industries experience a more specific subset of issues than others. Breweries (particularly larger breweries and sometimes midsize breweries) are at increased risk for failure due to market competition, difficulty accessing funding and other specific commercial relationship risks that can impact accounts receivable, access to inventory and movement of product. Additionally,

Rogoway Law Group May 15, 2024

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

Rogoway Law Group November 20, 2023

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

Rogoway Law Group October 16, 2023

Grape Purchase Agreements are a type of contract governing the transaction between winemakers and third-party grape growers.

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

Rogoway Law Group June 16, 2023

Federal Advertising Regulations for Wine Businesses

The Federal Alcohol Administration Act (27 USCA Ch.8, subchapters I-II, Sections 201-219a, as applicable) (The “Act”) authorizes the US Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (the “TTB”) to be the permitting authority for importers, producers, and wholesalers of wine; and to regulate the advertising and marketing of wine, including as relates

Rogoway Law Group April 26, 2023

Avoiding Labor & Employment Disputes from Onboarding to Exit. (Mitigating Risk of Liability in the Employee Lifecycle)

Introduction Now more than ever companies must be on top of staffing and employment issues. It’s always important to properly document onboarding employees and contractors, any issues that arise in the lifecycle of the employment relationship and any exit documentation, but in difficult economic times it is especially important to maintain recordation thereof and any human resources issues. Mitigating Labor

Rogoway Law Group March 2, 2023

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

Rogoway Law Group February 28, 2023

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