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  Newcomb Law Group
  43460 Ridgepark Dr.
  Suite 200
  Temecula, CA 92590  
 
  Southern California:
  Tel: (951) 541-0220
 
  Northern California:
  Tel: (707) 509-8701
  

Client Comments

"For over 10 years, Michael has been my company and personal lawyer, helping us with everything from trademarks to disputes. His knowledge, skill and commitment to helping me grow my business has been invaluable."

Marshall Stuart
Stuart Cellars Winery

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In The News and Press Releases

Trademarks

August 7, 2010 - HR 5034 "Coppola's Attorneys Lay Claim to the Word Diamond and or Diamond Shapes - Take Issue with tiny Diamond Ridge Vineyards and Mapes Cellars Labels"  Attorney Michael Newcomb, principal of the Newcomb Law Group is quoted in a Wine Business Monthly article regarding the Coppola wineries attempt to monopolize the use of a diamond image and the diamond word.  Newcomb Law Group represents many wineries, including Mapes Cellars, a small winery in Temecula.  "

According to Michael Newcomb, an attorney representing Mapes, under Federal trademark law the basic “likelihood of confusion” test requires the wine consumer be reasonably prudent, familiar with the Coppola mark or vice versa, and despite that familiarity, the offending trademark would cause “probable” confusion. In correspondence sent to Coppola's attorneys, Newcomb wrote, “Any ‘consumer’ that would confuse the Coppola mark with the Mapes Cellars mark would have to be mentally challenged or … ‘stupid’ and thus would flunk the “reasonably prudent consumer test (for determining the likelihood of confusion between trademarks).”

Federal Law - HR 5034

August 7, 2010 - HR 5034 "REGION: Federal legislation stirs concern in Wine Country - Vintners say measure backed by Bono Mack unfair to small wine producers."  Attorney Michael Newcomb, principal of the Newcomb Law Group is quoted in a North County Times / Californian article regarding how HR 5034 threatens to destroy the ability of small wineries to ship wine out-of-state. 

"Newcomb said the proposed federal law would establish a presumption that states' alcohol-beverage shipping laws are valid and force challengers to jump through several hoops to prove they are discriminatory. In essence, he said, the bill would reverse a 2005 U.S. Supreme Court decision that struck down Michigan and New York laws that favored in-state producers."

Land Use Issues

July 31, 2010 - Land Use / RLUIPA - "REGION: Wine Country church debate may turn on pesticides - Church says county vineyard ordinance discriminates against religion."  Attorney Michael Newcomb, principal of the Newcomb Law Group is quoted in a North County Times / Californian article regarding the application of the RLUIPA law to agricultural areas as it relates to religious schools.

July 24, 2010 - Land Use / RLUIPA -  "Temecula-area wineries oppose more Wine Country churches"  Press Enterprise.  Michael Newcomb weighs in on the debate over allowing churches into the Temecula vineyard agricultural preserve.

July 14, 2010 - Land Use / RLUIPA - "REGION: Panel postpones decision on Wine Country churches - County to examine whether it's legal to bar houses of worship from vineyard zone."  Attorney Michael Newcomb, principal of the Newcomb Law Group is quoted in a North County Times / Californian article regarding his presentation to the Riverside County Planning Commission on July 13, 2010.  At this Planning Commission hearing, Newcomb brought to the attention of the County of Riverside and the Planning Commissioner, case law that casts into doubt the broard applicaiton of RLUIPA sought by certain religious institutions.

June 2, 2010 - Land Use / RLUIPA - "REGION: Case made for churches in Wine Country - But vintners worry about compatibility with agriculture"  Attorney Michael Newcomb, principal of the Newcomb Law Group is quoted in a North County Times / Californian article regarding concerns his clients have with regard to the loss of unique vineyards and agricultural lands within the Citrus-Vineyard Zone in the Temecula AVA.