Daphne's Greek Café Opens on USC Campus
DWT client Daphne's Greek Café opens on the campus of USC:
http://dailytrojan.com/2010/01/15/cafe-84-adds-two-international-options
Simon Confirmed as Chef at LA's New JW Marriott
DWT client Kerry Simon confirmed as chef at the new JW Marriott Hotel in Los Angeles, which opens February 15, 2010:
http://la.eater.com/archives/2010/01/15/kerry_simon_chef_for_la_lives_jw_marriott.php
Top 10 Considerations When Negotiating a Minority Interest Investment in a Hospitality Enterprise
With valuations for hospitality enterprises becoming more attractive to investors, many expect private equity investments to increase in 2010. Many of these transactions will result in investors holding a minority interest. Summarized in this post are some of the more important considerations for these types of investments, including:
- Governance and voting
- Preferred distribution rights
- Regulatory considerations
- Redemption rights
- Registration rights
- IPO participation right
- Preemptive rights
- Antidilution protection
- Co-sale rights
- Drag-along rights
The OLCC Proposes a Final Staff Draft Regarding Its New Happy Hour Rules
The OLCC has proposed a final draft of its new rules regarding the advertising and promotion of happy hour in Oregon. The rule making hearing regarding the proposed rules is scheduled for Tuesday, February 9, 2010 at 10:00 am in Room 103A at the Commission offices, but the record will remain open for written comments until February 23, 2010. You can contact Jennifer Huntsman at (503) 872-5004 or Jennifer.Huntsman@state.or.us with questions or comments.
The proposed rules lift the long-standing prohibition regarding the advertisement of “happy hours” or other similar terms outside of the establishment. The rules would allow references to happy hour and a description of when it is offered provided that there is no reference to the price of or discount to happy hour drinks. For example, Catalon could advertise a happy hour seven days a week from 4:00-6:00, but could not advertise a happy hour sever days a week from 4:00-6:00 featuring half price beer and wine. These rules would be applicable to information available on the establishment’s website and answering machines. Of course, a full description of the happy hour specials is still allowed inside the establishment. The new rules expressly prohibit any advertising of drinks that requires or implies that a guest must purchase more than one drink to obtain the discount, such as “two for the price of one.”
These changes are motivated in part by the Commission’s desire to strike a balance between meeting public safety concerns and providing licensed businesses with the flexibility to operate and compete. The internet is full of drink advertising by non-licensees that are not subject to the OLCC’s jurisdiction. This levels the playing field and allows licensees to take greater control over the promotion of their own happy hours, but protects the public from advertising that competes solely on the basis of cheap drink prices.
For more information, see http://www.oregon.gov/OLCC/happy_hour_rulemaking.shtml.
Jesse Lyon, Partner at Davis Wright Tremaine, Is Named as One of Oregon's Preeminent Wine Industry Legal Experts
Jesse Lyon, partner at Davis Wright Tremaine LLP, was named as one of Oregon's preeminent wine industry legal experts in the December 18, 2009 edition of the Portland Business Journal.
To read more, click here: http://portland.bizjournals.com/portland/stories/2009/12/21/focus1.html
FDA, TTB and Caffeine...
The Food and Drug Administration (FDA) is joining the regulatory movement against products marketed as "energy" alcohol drinks. "Espresso stouts" and other craft beers and spirits are not the intended target of these sorts of things...but this is a movement even those producers should keep an eye on. The U.S. Government's food regulators—FDA (and USDA, too)—often like to take a heavy-handed approach to their role in alcoholic beverage products (when asked by TTB or pushed by state attorney generals or interest groups), because unlike every other food/beverage category, alcohol is the one segment where they can have an up-front role in preventing products from getting to market—the TTB's Certificate of Label Approval process.
Vine to Cellar Event - Friday, November 6
I have volunteered to help pull together some last-minute details and rally a few more attendees for the "Vine to Cellar" wine industry event at the Allison Inn & Spa in Newberg, Ore. on November 6-7. The event is intended to provide both something of a celebration at this beautiful new hospitality venue as well as substantive vineyard/wine business discussion forums. Moss Adams' wine industry accountants from Santa Rosa, Silicon Valley Bank's wine division leaders, and Tanner Creek Energy will be sharing insights, along with some of our industry's founders. Should be good food, good content, and good company.
Please register and make plans to join us if you can.
Break Bread
On September 23, top restaurant executives from around the country joined DWT and their co-hosts in Beverly Hills to "Break Bread," discussing the compelling business and legal issues facing the restaurant industry today.
Presenters included Kevin Brown, President of Lettuce Entertain You, Inc., Dick Rivera, CEO of RealMex, Jim Parrish of Parrish Partners, Mario Del Pero, President, Mendocino Farms, Tony Shure, co-founder Chop't Creative Salad Company, and chef Jose Andreas.
The presentation was followed by a lively reception.
It was DWT's third annual event in Los Angeles, hosted by national restaurant practice group chair Riley Lagesen. It has quickly become one of the "must attend" events in the restaurant industry.
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Differences in Restaurant Concept May Not Be Enough to Overcome Similarities in Name for Trademark Registration Purposes
Restaurateurs recognize differences in restaurant concepts and often believe that such differences will obviate consumer confusion even when the same or similar names are used by two different concepts. Often they are right! However, the U. S. Patent and Trademark Office has its own standards and guidelines and often refuses registration of a junior applicant despite the obvious differences in concept and location. See http://thettablog.blogspot.com/2009/09/wyha-ttab-finds-lucas-chophouse.html
Restaurateurs who seek a federal registration and/or seek to franchise should be especially aware of this.
Beer and Wine are STILL Related Goods says the US Patent and Trademark Office
Even Gallo can't get the U.S. Patent and Trademark Office to change its mind about whether beer and wine are related goods. The relatedness of beer and wine (and spirits too) is a long standing policy of the USPTO (and some federal courts) and despite the efforts of "big gun" trademark owners like Gallo, the policy still stands, see: http://thettablog.blogspot.com/2009/09/finding-wine-and-beer-related-ttab.html
What this means is that you can't register a mark for wine, if it is already registered for beer. This is a major headache for some wine, beer and spirits manufacturers that know the products are marketed very differently, and take the position that there would be no likelihood of consumer confusion even if the names are identical. That said, this continued policy may be a boon for trademark registrants because it provides strong protection across the alcoholic beverage market space. So, for now, the moral of the story is, if you have a mark that is clear of conflicts across the alcoholic beverage market space, register the mark to gain broad protection.
