Health Care Reform Webinar: What Hospitality and Lodging Businesses Need to Know

In this webinar, Davis Wright Tremaine attorneys Jeff Belfiglio, Liz Deckman and Monica Gianni, summarized the most important provisions of health care reform that affect the hospitality and lodging industry.

Discussion topics included who must be covered under a plan, the small business tax credit, new tax reporting and employee disclosure requirements, new coverage requirements, new patient protections, and cafeteria plan changes. Special emphasis was on changes that affect you and your business now and in the near future.

View webinar

"Organic" labeling and advertising of wine, beer and spirits

The TTB and USDA entered into a memorandum of understanding (MOU) regarding the use of the term "organic" on alcoholic beverage labels and advertisements. Pursuant to the MOU, the TTB will still be responsible for analyzing alcoholic beverage labels and advertising, but will review all claims of "100% organic", "organic" and "made with organic (ingredients)" to see if they meet USDA National Organic Program guidelines.

COLAs for wine, beer and spirit labels that contain "organic" claims will now be approved by the TTB as "approved subject to compliance with the Organic Foods Production Act of 1990 and the National Organic Program regulations[.]" If they do not comply with USDA organic laws, the labels will be rejected and the TTB will let applicants know what changes need to be made to make the label compliant. An applicant may only appeal this rejection with the USDA's Agricultural Marketing Service.

A copy of the MOU is available here:

http://www.ttb.gov/pdf/mou-ams.pdf

Washington Grocery Stores Can Now Apply to Offer In-store Beer and Wine Tastings

Washington grocery stores that are currently licensed by the Washington State Liquor Control Board can now apply for a new license endorsement to offer beer and wine tastings in their stores. The new endorsement was created by Senate Bill No. 6329 during the 2010 Legislative Session after a successful pilot program that ended on September 30, 2009. The bill became effective June 10, 2010 and the Board is now accepting applications for the endorsement. The annual fee is $200. 

To qualify, the grocery store must meet the following criteria:

  1. The grocery store must have retail sales of grocery products for off-premises consumption that are more than 50 percent of the store’s gross sales, or the grocery store is a membership organization that requires members to be at least 18 years of age;
  2. The grocery store must operate a fully enclosed retail area encompassing at least 9,000 square feet with a limited exception described below.

The Board may issue an endorsement to a grocery store with a retail area encompassing less than 9,000 square feet when three conditions are met: (1) the board determines that no other store in the community the applicant serves meets the square footage requirement; (2) the applicant meets the remaining operational requirements; and (3) the applicant has not had more than one public safety violation within the past two years.

Tastings must be conducted under the following conditions: (1) samples must be 2 ounces or less and are limited to up to a total of 4 ounces per customer during any one visit to the store; (2) food must be available for the tasting participants; (3) customers must remain in the service area while consuming samples; and (4) the service area and facilities must be located within the store’s fully enclosed retail area.  The retail area must be of a size and design so that store staff can readily observe and control persons in the area to ensure that persons under 21 years of age and visibly intoxicated persons do not possess or consume alcohol.

A number of additional requirements apply. Employees conducting the tasting must hold a class 12 alcohol server permit. Wineries and breweries may provide personal services (such as pouring), but may not bear the costs of the product sampled. Further, stores may advertise tasting events only within the store, on a store website, in store newsletters and flyers, and via email and mail to customers who have requested notice of such events.

For more information, go to the Board’s website.

The OLCC is Considering a Satellite Liquor Store Pilot Program.

The Oregon Liquor Control Commission is considering adopting a new satellite liquor store pilot program. The purpose of the program is to evaluate the merits of operating satellite liquor stores in smaller communities where there is a fluctuating, seasonal demand due to tourism or other factors. The pilot program will consist of up to six new satellite liquor stores operated by existing retail sales agents appointed on a temporary basis and will last up to three years for each temporary agent. Only retail agents that currently operate liquor stores will be eligible for the program. The OLCC will select the program participants within 12 months of the program’s start and will consider the following factors in their decision: (1) seasonal population fluctuations, (2) distance from existing stores, (3) proximity of satellite store to the participant’s primary store, (4) sales volume of the participant’s primary store, and (5) anticipated viability of the pilot store, including the store size and location rental terms.

The satellite stores may become permanent stores if successful. Participating stores will be required to provide the OLCC with all data related to the pilot store’s operation. Six months before the end of each store’s terms, the OLCC will evaluate the store’s performance and, if successful, initiate a process to create a permanent satellite liquor store at that location. The OLCC will consider the economic viability, increase in revenues, effects on public safety, public response to the satellite store and other factors in making the determination about each store’s future.

 

For more information, see http://www.oregon.gov/OLCC/docs/administrative_process/proposed_rulemaking/satellite_liquor_stores/satellite_store_pilot_public_hearing_notice.pdf

"How Much Can I Make?" Answering a Candidate's Most Probing Questions - Legally

The following article appeared in Franchise Update on May 17, 2010.  Click here to view article.

 

Establishing "Use in Commerce" for a trademark can be tricky, as one hotel operator found

Registrant of a trademark for hotel services registered its marks based on "use in commerce," but the only use of the mark that was made at the time of filing was that the registrant had hired website and marketing consultants, made presentations at hospitality trade shows, and negotiated with a hotel company regarding possible collaboration … these activities may be use of the mark in commerce, but they ARE NOT use of the mark in commerce for hotel services. So the Board cancelled the registration on the basis of a fraudulent use in commerce claim. For more, click here.

Comment: A trademark registration can be found to be invalid if it was based on a false (or even mistaken) claimed date of first use, so it is critical that trademark applicants give due attention to the details associated with the registration of their trademarks. This vulnerability to cancellation will never disappear, and it may only be when a trademark owner tries to enforce its rights that a problem is discovered … which is obviously not a good time to find out your trademark registration is invalid.

A Dripping Red Wax Seal on a Bottle is a Protectable Trademark

The dripping red wax seal on a bottle of Maker’s Mark bourbon has been deemed a protectable trademark: www.nytimes.com/2010/04/03/business/03bourbon.html

Restaurant Trademarks in the News

Taylor's Refresher, the well-known burger joint of St. Helena, CA, is now Gott's Roadside Tray Gourmet—a very interesting result to a complicated trademark dispute with the original owners of the burger stand. (www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/27/BA1M1CLPV5.DTL)

After operating and holding a trademark registration since the 1970's for Tavern on the Green (an iconic New York Central Park restaurant), the former operator of the restaurant is out, a new operator is in, and the city, as it turns out, owns the name. (www.observer.com/2010/real-estate/city-wins-battle-leroys-tavern-green)

Both of these cases point out that when it comes to trademark ownership, history and who has ultimate control of the services are of paramount importance.

Latest information on troubled banks.

seattle.bizjournals.com/seattle/blog/2010/03/washingtons_troubled_banks_list.html

The link above provides a link to a list of troubled lenders.

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Seattle Hotel Rate Information

http://seattle.bizjournals.com/seattle/stories/2010/03/01/daily10.html?s=du&ed=2010-03-02

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