As the newly crowned NCAA basketball national champions make their media rounds, you might think that NIL is just about athletes getting paid to play. But NIL is a legal concept that encompasses an individual's right of publicity and allows all individuals, not just student-athletes, to control and profit from the commercial use of their identity NIL, short for Name, Image, and Likeness, has grown far beyond endorsement deals for athletes. It’s about the core pieces of your identity: your name, your face, your voice, and the ways you present yourself to the world. In a digital world where anyone can build an audience (or be impersonated by AI), those things have real value for everyone. On March 26, 2026, the U.S. Patent and Trademark Office (USPTO) launched a new resource page that centralizes guidance on navigating name, image, and likeness in connection with trademarks and related intellectual property issues. This is a helpful first stop for understanding how branding an

Carle, Mackie, Power & Ross LLP (“CMPR”), a leading U.S. law firm with a strong focus in the wine and spirits industry, is pleased to announce that it has entered into a strategic alliance with Légi Conseils Bourgogne (“Légi Conseils”), a premier French law firm recognized for its deep experience advising wine, spirits and luxury beverage clients in France and across Europe. The alliance became effective on January 1, 2026 and follows the recent opening of CMPR’s offices in Lake Oswego, Oregon and St. Helena, California. The collaboration establishes a coordinated cross-border platform to jointly market and provide legal services to clients and prospective clients in the wine and spirits sector throughout the United States and Europe. The alliance is designed to enhance the visibility, capabilities, and integrated service offerings of both firms within their respective jurisdictions, while delivering seamless, industry-specific legal supp

Many wineries understand the importance of protecting their brand names through trademark registration and enforcement in the market, but producers should not overlook protection that may be available under U.S. trademark law for distinctive elements of product packaging and design. Considering trade dress within your overall intellectual property enforcement strategy will allow you to protect the unique aspects of presentation that make your product stand out on crowded market shelves. Trade dress is a type of trademark encompassing elements of product packaging and design which, taken together or separately, indicate to consumers that a product or service originates from a particular source, and which distinguish goods of one producer from those of its competitors. It is the look and feel of a product or service in the marketplace, and may consist of elements like size, shape, color, imagery, and decorative aspects of packaging. Trade dress must either be inherently distinctive or ha

As of February 24, 2023, Belize has officially joined the Madrid Protocol, becoming the 113th member of the system. This marks the fourth Commonwealth Caribbean nation and the third in three years to join, with the other members being Antigua and Barbuda (2000), Jamaica (2022), and Trinidad & Tobago (2021). Cuba is also a member from the Caribbean, while Curacao, Sint Maarten, the Caribbean Netherlands, and the French Caribbean jurisdictions are part of Madrid due to their status within the Kingdom of Netherlands and France. Trademark protection is essential for every wine brand name, fanciful name and vineyard designation.  Trademarks secure a wineries’ brand identity and help avoid infringement issues. However, obtaining international trademark rights can be a daunting task. The Madrid Protocol provides a simplified and cost-effective solution for wineries to secure their trademark rights across multiple countries. By f

Every winery and wine brand will eventually need a Metaverse strategy. During the pandemic, some wineries have become adept at conducting on-line tastings and enhancing customer experience by providing virtual vineyard, winery and cellar tours. Wineries were compelled to connect online with customers like never before. This is just the beginning. Wine businesses will need to adapt to an increasing technological sales process not only online but in the Metaverse. The Metaverse is a virtual and immersive digital world that that reflects our real lives in many respects. The Metaverse is inhabited by digital representations of people, places and things (including brands). The Metaverse experience can provide experiences on par with the real world, while also offering experiences beyond those of the real world, for example, the sensation of human flight. Of importance to brand owners, the Metaverse hosts a growing virtual marketplace that allows users to buy, sell and share digital assets l

by Mark Steranka, Partner, Advisory Services; Jay Silverstein, Partner, Private Clients Practice; and Bill Vyenielo, Senior Business Consultant, Wine, Beer & Spirits Practice A version of this article was previously published in the December 2019 edition of  Wine Business Monthly. No matter where you are within the life cycle of your business, there are questions, decisions, and solutions that need to be determined. Whether your business is in the start-up, growth, or maturity phase, or if it’s preparing for an exit or transition, entering a new stage is often exciting as well as challenging. Critical activities like strategic planning need to take place during each of these phases to meet future goals—and to prepare for an eventual exit. This article identifies key activities that should be focused on in each phase of your business. Start-Up Phase The start-up phase begins when you decide to turn your idea into a business. Start by breaking down this phase into conc