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21 Sep

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We appreciate enthusiasm for new releases but ask readers to please hold questions regarding if/when
a review will be posted as we can’t commit to or guarantee product reviews. We don’t want to set
expectations and then disappoint readers as even products that are swatched don’t always end up
being reviewed due to time constraints and changes in priorities! Thank you for understanding!

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12 Sep

Comments that do not adhere to our comment policy may be
removed. Discussion and debate are highly encouraged but we expect community members to
participate respectfully.
Please keep discussion on-topic, and if you have general feedback, a product review request, an
off-topic question, or need technical support, please contact us!

Please help us streamline the comments’ section and be more efficient: double-check the post above
for more basic information like pricing, availability, and so on to make sure your question wasn’t
answered already. Comments alerting us to typos or small errors in the post are appreciated (!) but
will typically be removed after errors are fixed (unless a response is needed).

We appreciate enthusiasm for new releases but ask readers to please hold questions regarding if/when
a review will be posted as we can’t commit to or guarantee product reviews. We don’t want to set
expectations and then disappoint readers as even products that are swatched don’t always end up
being reviewed due to time constraints and changes in priorities! Thank you for understanding!

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29 Aug

PARIS & NEW YORK–(BUSINESS WIRE)–Pernod Ricard (Euronext Ticker RI; ISIN Code: FR0000120693) and Castle Brands Inc. (NYSE American: ROX), today announced that they have entered into a definitive agreement under which Pernod Ricard, through a subsidiary, will acquire all of the outstanding common stock of Castle Brands for $1.27 per share in cash, or approximately $223 million, plus the assumption of debt, through a cash tender offer followed by a merger.

Under the terms of the merger agreement, which has been unanimously approved by the Castle Brands Board of Directors, Castle Brands shareholders will receive $1.27 in cash for each outstanding share of Castle Brands common stock they own, representing a 92% premium to Castle Brands’ closing share price on August 27, 2019, and a 109% premium to the 30-day volume weighted average share price through such date.

Alexandre Ricard, Chairman and Chief Executive Officer of Pernod Ricard, stated, “Through this acquisition we welcome this great brand portfolio, in particular, Jefferson’s bourbon whiskey, to the Pernod Ricard family. Bourbon is a key category in the US which is our single most important market. This deal aligns well with our consumer-centric strategy to offer our consumers the broadest line-up of high-quality premium brands. As with our American whiskies Smooth Ambler, Rabbit Hole and TX, we would provide Jefferson’s a strong route to market and secure its long-term development, while remaining true to its authentic and innovative character.”

“We are very pleased to reach an agreement with Pernod Ricard, which is the result of months of planning and deliberation by our Board of Directors,” said Richard J. Lampen, President and Chief Executive Officer of Castle Brands. “We are confident that this transaction, upon closing, will deliver immediate and substantial cash value to our shareholders.”

The merger agreement provides for a cash tender offer to acquire all outstanding shares of Castle Brands to be launched shortly. The closing of the tender offer will be subject to certain conditions, including the tender of shares representing at least a majority of Castle Brands’ outstanding shares, early termination or expiration of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act, and other customary conditions. Once the tender offer is successfully completed, Pernod Ricard will acquire all shares not acquired in the tender offer through a second-step merger in which the holders of the outstanding shares of Castle Brands common stock not tendered in the offer will receive the same per share price paid in the tender offer, in cash. The transaction is expected to close in the fourth quarter of 2019.

BofA Merrill Lynch acted as financial advisor to Pernod Ricard and Debevoise & Plimpton LLP acted as its legal advisor. Perella Weinberg Partners and Houlihan Lokey acted as financial advisors to Castle Brands, Holland & Knight LLP acted as Castle Brands’ legal advisor, and Sullivan & Cromwell LLP acted as legal advisor to Castle Brands’ financial advisors.

Important Information about the Tender Offer

The tender offer described in this press release has not yet commenced. This press release is for informational purposes only and is neither an offer to purchase nor a solicitation of an offer to sell any shares of the common stock of Castle Brands or any other securities. At the time the planned tender offer is commenced, a tender offer statement on Schedule TO, including an offer to purchase, a letter of transmittal and related documents, will be filed by Pernod Ricard and a subsidiary of Pernod Ricard with the Securities and Exchange Commission (the “SEC”), and a solicitation/recommendation statement on Schedule 14D-9 will be filed by Castle Brands with the SEC. The offer to purchase shares of Castle Brands common stock will only be made pursuant to the offer to purchase, the letter of transmittal and related documents filed as a part of the Schedule TO.

INVESTORS AND SECURITY HOLDERS ARE URGED TO READ THE TENDER OFFER STATEMENT, THE SOLICITATION/RECOMMENDATION STATEMENT AND ANY RELATED DOCUMENTS REGARDING THE OFFER, AS THEY MAY BE AMENDED FROM TIME TO TIME, WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN IMPORTANT INFORMATION THAT INVESTORS AND SECURITY HOLDERS SHOULD CONSIDER BEFORE MAKING ANY DECISION REGARDING THE TENDER OFFER.

Investors and security holders may obtain a free copy of these statements (when available) and other documents filed with the SEC at the website maintained by the SEC at www.sec.gov or by directing such requests to the Information Agent for the offer, which will be named in the tender offer statement. In addition, Castle Brands files annual, quarterly and current reports and other information with the SEC. Castle Brands’ filings with the SEC are available to the public from commercial document-retrieval services and at the SEC’s website at www.sec.gov.

About Castle Brands

Castle Brands is a developer and international marketer of premium and super-premium brands including: Jefferson’s®, Jefferson’s Presidential Select, Jefferson’s Reserve®, Jefferson’s Ocean Aged at Sea Bourbon®, Jefferson’s Wine Finish Collection and Jefferson’s Wood Experiments, Goslings® Rums, Goslings® Stormy Ginger Beer, Knappogue Castle Whiskey®, Clontarf® Irish Whiskey, Pallini® Limoncello, Boru® Vodka, Brady’s® Irish Cream, The Arran Malt® Single Malt Scotch Whisky, The Robert Burns Scotch Whisky and Machrie Moor Scotch Whisky. Additional information concerning the Company is available on the Company’s website, www.castlebrandsinc.com.

About Pernod Ricard

Pernod Ricard is the No.2 worldwide producer of wines and spirits with consolidated sales of €8,987 million in FY18. Created in 1975 by the merger of Ricard and Pernod, the Group has developed through organic growth and acquisitions: Seagram (2001), Allied Domecq (2005) and Vin&Sprit (2008). Pernod Ricard, which owns 16 of the Top 100 Spirits Brands, holds one of the most prestigious and comprehensive brand portfolios in the industry, including: Absolut Vodka, Ricard pastis, Ballantine’s, Chivas Regal, Royal Salute, and The Glenlivet Scotch whiskies, Jameson Irish whiskey, Martell cognac, Havana Club rum, Beefeater gin, Malibu liqueur, Mumm and Perrier-Jouët champagnes, as well Jacob’s Creek, Brancott Estate, Campo Viejo, and Kenwood wines. Pernod Ricard’s brands are distributed via six Brand Companies through 87 direct affiliates across five continents. The Group’s decentralised organisation empowers its 19,000 employees to be true on-the-ground ambassadors of its vision of “Créateurs de Convivialité.” As reaffirmed by the Group’s three-year strategic plan, “Transform and Accelerate,” deployed in 2018, Pernod Ricard’s strategy focuses on investing in long-term, profitable growth for all stakeholders. The Group remains true to its three founding values: entrepreneurial spirit, mutual trust, and a strong sense of ethics. As illustrated by the 2030 roadmap supporting the United Nations Sustainable Development Goals (SDGs), “We bring good times from a good place.” In recognition of Pernod Ricard’s strong commitment to sustainable development and responsible consumption, it has received a Gold rating from Ecovadis and is ranked No. 1 in the beverage sector in Vigeo Eiris. Pernod Ricard is also a United Nation’s Global Compact LEAD company.

Pernod Ricard is listed on Euronext (Ticker: RI; ISIN Code: FR0000120693) and is part of the CAC 40 index.

Forward Looking Statements

This press release contains forward-looking statements. You can generally identify forward-looking statements by the use of forward-looking terminology such as “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “explore,” “evaluate,” “intend,” “may,” “might,” “plan,” “potential,” “predict,” “project,” “seek,” “should,” or “will,” or the negative thereof or other variations thereon or comparable terminology. These forward-looking statements are only predictions and involve known and unknown risks and uncertainties, many of which are beyond Pernod Ricard’s and Castle Brands’ control.

Statements in this document regarding Pernod Ricard and Castle Brands that are forward-looking, including, without limitation, projections as to the anticipated benefits of the proposed transaction and the closing date for the proposed transaction, are based on management’s estimates, assumptions and projections, and are subject to significant uncertainties and other factors, many of which are beyond the control of Pernod Ricard, and Castle Brands. Important risk factors could cause actual future results and other future events to differ materially from those currently estimated, including, but not limited to: the timing to consummate the proposed transaction; the risk that a condition to closing of the proposed transaction may not be satisfied and the transaction may not close; the risk that a regulatory approval that may be required for the proposed transaction is delayed, is not obtained or is obtained subject to conditions that are not anticipated; the risk that a sufficient number of Castle Brands shares are not tendered to complete the tender offer; and management’s ability to promptly and effectively integrate the businesses of the two companies.

More information about these and other factors are described under the caption “Risk Factors” in Castle Brands’ Annual Report on Form 10-K for the year ended March 31, 2019 and other reports Castle Brands files with the SEC as well as the tender offer documents to be filed by Pernod Ricard and Castle Brands. Except as specifically noted, information on, or accessible from, any website to which this press release contains a hyperlink is not incorporated by reference into this press release and does not constitute a part of this press release.

No assurances can be given that any of the events anticipated by the forward-looking statements will transpire or occur, or if any of them do occur, what impact they will have on the results of operations or financial condition of Pernod Ricard or Castle Brands. Neither Pernod Ricard nor Castle Brands assumes any duty to update or revise forward-looking statements, whether as a result of new information, future events or otherwise, as of any future date. All forward-looking statements in this communication are qualified in their entirety by this cautionary statement.

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13 Aug

Sorry, almond milk. But the newest non-dairy milk on the scene, oat milk, is more popular than ever.

You can’t scroll through your feed without seeing influencers and bloggers ‘gram pics of their oat milk lattes and smoothies. But according to Judith Dodd, a dietician and assistant professor at the University of Pittsburgh, oat milk is here to stay.

“Oat milk is the new non-dairy star, likely to rival coconut, almond, cashew, soy, and rice,” she says. “It’s lactose-free, smooth, and naturally creamy but not overkill sweet.”

“Its texture is great for lattes, and it doesn’t separate when mixed with hot beverages like many non-diary milks do,” says dietician Kelly Jones.

So if your local coffee shop isn’t making oat milk lattes yet, it will be soon. Oat milk is just part of life now—and everyone (even non-vegans!) wants to get in on the trend. But should you really buy into the hype?

What is oat milk?

Oat milk is, well, exactly what it sounds like: a non-dairy, vegan milk substitute made from oats. At its most basic form, oat milk is made of oats and water blended together, then strained to create a smooth, creamy liquid. Some brands fortify theirs with extra vitamins and minerals (or add flavours and sweeteners).

READ MORE: 6 Milk Alternatives You Should Consider If Dairy Is No Longer Your Friend

Is oat milk nutritious?

Nutrition labels vary between brands, so not all oat milks are created equal. Some, for example, have more sugar than others, depending on added flavours and other factors.

Here’s an example of what you’ll get in one cup of plain oat milk:

  • Calories: 130
  • Fat: 2.5 g
  • Saturated fat: 0 g
  • Protein: 4 g
  • Carbohydrates: 24 g
  • Sugars: 19 g
  • Fibre: 1.9 g
  • Sodium: 115 mg

You’ll also get around 35 percent of your recommended calcium intake per cup, and about 10 percent of your daily recommended iron intake. Again, those numbers vary per brand based on how the milk is fortified.

According to Dodd, oat milk also contains small amounts of plant-oils, which are heart-healthy unlike the saturated fats found in dairy milk. Plus, oat milk is generally free of allergens like soy and nuts, making it a good dairy-free alternative if you have food allergies. Oats are also usually gluten-free, although you should still check the label before purchasing if you have Celiac disease or another kind of gluten intolerance.

In general, Sandra Grant, a registered dietician, says that oat milk usually has less sodium per cup than other non-dairy choices. For example, soy milk has around 124 mg of sodium per cup, and almond milk has 186 mg per cup, as compared to oat milk’s 115 mg.

According to Dodd, oat milk is higher in fibre than dairy, soy, and almond milks at nearly two grams per cup (compared to soy’s 1.5 grams per cup, and dairy milk and almond milk’s zero grams per cup).

It still doesn’t hold a nutritional candle to cows milk, though. “Unfortunately, oat milk is much lower in protein, and slightly higher in calories when compared to dairy milk of a similar fat content,” says Grant.

Nutrition aside, the reason you opt for a certain type of milk or alternative is almost as important as what’s in it: “[Is it] something to add to your coffee or tea, add to your cereal, enjoy as a beverage or smoothie? Use in a recipe? Oat milk seems to have a lot of advantages,” says Dodd.

READ MORE: Is Almond Milk Good For You?

How do I use oat milk?

Think of oat milk as the tofu of milks. It has a neutral taste that works well in a lot of different foods. Try baking with it, stirring it in your coffee, or cooking other grains (like farro) in it, suggests Cheryl Mitchell, food scientist at Elmhurst Milked.

And if you want to really double down on your oats, Mitchell recommends pouring oat milk on top of your oatmeal. “This gives a double benefit of the soluble fibres and nutrition, and keeps your digestive tract in great shape,” she says.

According to Dodd, it’s crucial to check the expiration date on all cartons before consuming. Once opened (even if it’s shelf-stable), refrigerate it right away.

How to make oat milk:

If oat milk hasn’t yet come to a grocer near you, pick a rainy day and DIY it.

1. Pick your oats. Old-fashioned or rolled oats are likely to blend more easily, compared to say, steel cut oats. “You may want to be sure that the oats used are labelled gluten-free if there are a health issues for Celiac or wheat allergies,” says Dodd. While she says oats are naturally gluten-free, there can be cross-contamination if wheat or rye are processed in the same equipment or air space, where grain dust in the air is likely to be present.

2. Soak the oats. This isn’t necessary if you’re using a high-speed blender, but if your blender is on the weaker side, soak them in the refrigerator for three to four hours, she says.

3. Strain and squeeze. Dodd says to pour the mixture in a nut milk bag or cheesecloth, and squeeze into a durable container like a mason jar.

4. Repurpose the leftovers. Once there’s no more liquid coming from the nut bag or cheesecloth, Dodd says you can either compost the oat pulp or use it as fibre-rich mulch. “I could see using it as a filler in meatloaf, vegetable patties, tuna or salmon patties,” she says.

5. Consume. Always shake the mixture before using to guarantee a smoother texture. Dodd says to feel free to add your favourite type of sweetener or vanilla extract.

6. Store it safely. Store-bought brands are shelf stable until opened, then last seven to 10 days after opening in the refrigerator (depending on the package expiration date). But homemade oat milk only lasts two to three days (at most) in your fridge so it’s best enjoyed ASAP.

This article was originally published on www.womenshealthmag.com

READ MORE ON: Nutrition Nutrition Advice


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18 Jul

Bottled water is often considered the safest choice for avoiding drinking-water contaminants like arsenic and lead, but a recent spate of investigations has found that not all of it is free of potentially toxic chemicals.

In June, testing from the Center for Environmental Health found “high levels” of arsenic in bottled water brands owned by Whole Foods and Keurig Dr Pepper. Their findings confirmed earlier research from Consumer Reports, which found levels of arsenic that exceeded the allowable limit set by the FDA.

Read more: California’s contaminated drinking water could lead to nearly 15,500 cancer cases over the course of a lifetime. Here’s how worried you should be.

Now, the Massachusetts Department of Public Health is warning about the presence of another chemical, per- and polyfluoroalkyl substances (PFAS), in bottled water sold at Whole Foods and CVS locations in the state.

PFAS became popular in the United States around the 1940s, when manufacturing companies realized the chemicals could resist heat, grease, stains, and water.

Though many PFAS have been phased out of the manufacturing industry, they still lurk in drinking water and consumer goods such as food packaging, carpets, leather, textiles, and non-stick cookware. In addition to their ties to cancer, PFAS are associated with liver damage and developmental issues.

Since PFAS rarely break down in the environment, they can linger in water and air for thousands of years, landing them the nickname “forever chemicals.” Consuming or inhaling them means they could stay in the body for life.

Massachusetts told pregnant women not to drink the bottled water ‘out of an abundance of caution’

A discarded water bottle at Warminster community park in Bucks County, Pennsylvania.
Bastiaan Slabbers/NurPhoto/Getty Images

On July 2, the Massachusetts Department of Public Health released an advisory about bottled water sourced from Spring Hill Farm Dairy, a local distributor that bills its water as “so pure you can see the difference.”

The department warned that “certain bottled water products” from Spring Hill contained levels of PFAS that might be a health risk to pregnant or breastfeeding women and bottle-fed infants. The products in question contained the word “spring” on the label and included 365 Spring Water (sold at Whole Foods) and Ice Canyon Spring Water (sold at CVS).

The department said it issued the warning “out of an abundance of caution,” since the levels of PFAS did not exceed the safety threshold set by Massachusetts or the EPA.

Spring Hill has agreed to adopt a new filtration system to remove PFAS by July 24.

“We had an inspection by the FDA this week and everything was in compliance,” the company said in a statement. “Although there is no state requirement for us to reduce [PFAS] levels, we are doing so voluntarily and at our own expense.”

CVS said in a statement that it has halted shipments of Ice Canyon Spring Water and switched to suppliers “who have not identified any PFAS issues.” The company said it is committed to ensuring that its products are safe and will offer a full refund to customers. Whole Foods did not immediately respond to request for comment.

There’s still reason to be concerned about PFAS in bottled water — and other drinking sources across the US

Lauren Woehr hands her 16-month-old daughter Caroline a cup filled with bottled water at their home in Horsham, Pennsylvania. In Horsham and surrounding towns in eastern Pennsylvania, the foams once used routinely in firefighting training at military bases contained PFAS.
AP Photo/Matt Rourke

As scientists continue to study the effects of PFAS, researchers have uncovered more evidence that the chemicals are leaching into water supplies across the country.

In July, the watchdog Environmental Working Group (EWG) detected PFAS at 100 new sites in the US, bringing their estimated total to more than 700 sites across 49 states. Many of these sites included public water systems, military bases, and industrial plants.

There are 5,000 varieties of PFAS, but the EPA has only established a health advisory for two types: PFOA and PFOS. These chemicals represent “the most concerning” varieties of PFAS, said David Andrews, a senior scientist at the EWG.

Though pregnant women and young children are more sensitive to toxic chemicals, the EPA’s safety threshold provides “a margin of protection” for these vulnerable populations.

The more PFAS you consume, the more of a danger it could pose to your health.

“It took decades of study before we really understood how potent [PFAS] are,” Andrews told Business Insider in June. “We have to give up the assumption that all of these chemicals are perfectly safe … These chemicals are concerning and we should eliminate as much [exposure to them] as possible.”

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15 Jul

Strong has definitely started trending like the new skinny. Full-time plus-size model, body activist, radio host and founder of the Embrace Your Curves movement, Candice ‘Candashian’ Manuel would strongly agree. When Candice came onto the modelling scene at 18, she had no idea what was on the other side.

After experiencing discrimination because of her size, she decided to turn a negative situation into a positive one, by creating an empowerment movement for women to break societal norms.

READ MORE: PSA: Nike Is Having A Sale On Their Plus-Size Activewear

The Embrace Your Curves movement is a platform for all women, no matter their size, shape or colour, to inspire each other. The platform encourages women to send through their motivational stories to Manuel, who then arranges for an interview that includes make-up and a mini photoshoot, which is shared on the Embrace Your Curves Facebook page.

“We’ve created something to break all barriers. As women, aside from societal expectations, it’s also our own fears that get in our way of reaching our full capabilities. We need to step out of our own way and realise that we deserve and can achieve what we desire and more,” she said.

Women’s Health spoke to the Cape Town-based plus-size model about her side hustles, fitness regime and favourite activewear brands.

WH: Candice, fitness and health have played a large role in your life as a plus-size model. What does your fitness regime look like?

I struggle with weight training so I always take part in fun walks. At the gym, I often cycle and use the treadmill. I also enjoy Zumba! As much as working out is about sweating, it should also be about having a good time. The biggest misconception with society these days is that plus-sized people are couch potatoes… We work out too and want the best outcome for our bodies. My movement, Embrace Your Curves, had a boot(y) camp where we had a personal trainer show us workouts we could do to ensure we stay healthy.

READ MORE: ALERT: All These Workout Shoes Are On Sale Right Now

WH: Any struggles with finding fashionable plus-size clothing?

I used to struggle indeed. I often decided to buy activewear from the men’s department so I would have shirts with sleeves that cover my arms.

WH: In your opinion, has the fashion industry evolved for plus-sized clothing?

Plus-size fashion has definitely evolved. Curvaceous women no longer have to wear those formal box-shaped items of clothing that don’t complement their curves. As a curvy woman, I can walk into a store and buy skinny jeans that fit my hips, that make me feel sexy.

WH: What are your favourite activewear brands? 

As a small-busted woman, I’m fortunate to be able to easily find sports bras. I buy my sports bras from Mr Price Sport.

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Maxed medium-impact sports bra, available at Mr Price Sport

R 180

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I also get them at Totalsports Women. Not many people are aware of this, but Cavendish Mall in Claremont, Cape Town, has its own store that only caters to women.

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Nike sports bra, on sale (reduced from R580), at Totalsports

R 348

BUY NOW

When I am in need of leggings, I go to Nike or adidas. Nike has increased their sizes and leggings go up to XL (shop the Nike plus-size sale).

Plus-size model embraces her curvesPlus-size model embraces her curves

Candice has released an activewear/athleisure range called EYC Active (short for Embrace Your Curves) that’s home to trendy crop top hoodies and high-waist leggings for women of all shapes and sizes.

Women’s Health participates in various affiliate marketing programmes, which means we may get commissions on editorially chosen products purchased through our links to retailer sites.

READ MORE ON: Fitness Fitness Advice Fitness Gear


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04 Jul

PepsiCo has just announced that they will begin using more sustainable packaging for their water brands as soon as 2020.

Starting next year, the company’s LIFEWTR product will be bottled in containers made of 100% rPET (recycled polyethylene terephthalate), while their Aquafina and Bubly sparkling water brands will soon be sold in aluminum cans in US food service outlets.

The changes are expected to eliminate more than 8,000 metric tons of virgin plastic and approximately 11,000 metric tons of greenhouse gas emissions in the company’s pursuit of contributing towards a more circular and sustainable economy.

According to data from a 2017 EPA report, aluminum cans are successfully recycled by consumers almost twice as often as plastic bottles. Furthermore, metal cans are typically made out of 70% recycled materials while plastic bottles only use about 3%.

RELATED: First UK Supermarket Chain to Eliminate Plastic From Produce Will Save 1,300 Tons of Plastic From Landfill

This latest initiative reinforces and advances PepsiCo’s goals of making 100% of its packaging recyclable, compostable, or biodegradable and use 25% recycled plastic content in all its plastic packaging before 2025.

PepsiCo is reportedly one of the largest users of food-grade recycled PET in the world, and the company is also working to help reliably increase the supply needed to meet its packaging goals in tandem with current suppliers and partners like The Recycling Partnership, Loop Industries, Alliance to End Plastic Waste, and the World Economic Forum’s Global Plastic Action Partnership (GPAP).

“We are really excited to evolve our packaging across PepsiCo’s water portfolio to make a positive impact,” says Stacy Taffet, Vice President Water portfolio for PepsiCo. “We created LIFEWTR to be an inspirational and purpose-driven brand, and we’re expanding that vision by using recycled packaging to deliver our premium water. At the same time, Bubly, our sparkling water brand that is full of flavor and personality, has already shaken up the sparkling water category and will continue to do so with this bold move.”

Package Up The Positivity By Sharing The Good News With Your Friends On Social MediaFile photo by Mark Hillary, CC


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04 Jul





















An Oakville-based vintner filed an amended complaint late Monday in a trademark case against beverage giant Constellation brands over the right to use the historic To Kalon name.

Last week, San Francisco U.S. District Court Judge Yvonne Gonzalez Rogers granted Constellation’s motion to dismiss the case with leave to amend. In the Monday filing, the plaintiff, The Vineyard House winery, claimed Constellation-owned Robert Mondavi winery fraudulently obtained federal trademark registrations for To Kalon and that To Kalon is an actual geographical location Mondavi purportedly is improperly using and is geographically misdescriptive.

The dispute over who has the right to use the To Kalon name, one of Napa Valley’s most storied vineyards, goes back to the 19th century, to the founding of the To Kalon estate by Napa winemaking pioneer H.W. Crabb. The Historic American Landscapes Survey earlier this year added the vineyard to its registry, noting that variations on the name used over time have been To-Kalon, ToKalon and To Kalon.

Quoting federal statute, Rogers wrote in the dismissal order that an amended complaint should elaborate on how Constellation’s trademark was obtained fraudulently and how it is being used to “misrepresent the source of the goods or services on or in connection with which the mark is used,” as The Vineyard House alleged.

Attempting to buttress the case that the trademarks were fraudulently obtained, attorneys for The Vineyard house wrote in the amended complaint that in 1987 attorneys for Robert Mondavi in a trademark filing wrote “TO-KALON cannot be translated and has no present meaning or significance in the relevant trade or industry.”

The Vineyard House attorneys went on to cite multiple newspaper articles and other evidence writing, “There is also ample evidence to show that Mondavi knew of the fame and geographical indications of the TO KALON name.”

In trying to convince Rogers the trademarks are untrue and misleading from a geographic standpoint, the plaintiff’s attorneys noted Constellation owns 188 acres of the 526 acres of the original Crabb estate, in addition to 361 acres of additional land that were not a part of the original To Kalon property.

“Constellation … refers to its entire property as TO KALON or TO KALON VINEYARD, even though less than half is a part of the original To Kalon estate,” they wrote.

In an emailed statement to the Business Journal after Rogers granted the motion to dismiss, a Constellation spokesperson wrote, “These allegations are without merit. Constellation Brands is committed to operating with the highest degree of ethics and integrity and in full accordance with all applicable laws and regulations, as we have for more than 70 years.”

The Vineyard House did not immediately responded to a request for comment.

The Vineyard House founder Jeremy Nickel, the son of Far Niente Winery founder Gil Nickel, filed the suit in March, alleging Constellation engaged in unfair business practices and seeking cancellation of trademarks, among other complaints.

The Vineyard House claims that because its vineyards are part of the original Crabb estate it has the right to use the To Kalon name, while Constellation, which owns the nearby Robert Mondavi winery and several To Kalon trademarks, does not.




















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