As used in this chapter, unless the context requires a different meaning:
"Agreement" means a commercial relationship, not required to be evidencedin writing, of definite or indefinite duration, between a winery and winewholesaler pursuant to which the wholesaler has been authorized to distributeone or more of the winery's brands of wine. The doing or accomplishment ofany of the following acts shall constitute prima facie evidence of anagreement within the meaning of this definition:
1. The shipment, preparation for shipment or acceptance of any order by awinery for any wine to a wine wholesaler within the Commonwealth.
2. The payment by a wine wholesaler and the acceptance of payment by anywinery for the shipment of an order of wine intended for sale in theCommonwealth.
"Brand" means any word, name, group of letters, symbol or combinationthereof adopted and used by a winery to identify a specific wine product andto distinguish that product from other wine produced or marketed by thatwinery or other wineries. The use of general corporate logos or symbols orthe use of advertising messages, whether appearing on the product packagingor elsewhere, shall not be considered to be a brand, brand extension, or partthereof as these terms are used in this chapter.
"Brand extension" and "extension of a brand" mean any brand whichincorporates all or a substantial part of the unique features of apreexisting brand of the same winery and which relies to a significant extenton the good will associated with such preexisting brand.
"Dual distributorships" means the existence of agreements between a singlewinery and more than one wholesaler, each selling a different brand, in agiven territory as the result of a purchase of another winery.
"Nonsurviving winery" means any winery which is purchased by another wineryas provided in § 4.1-405 and, as a result, ceases to exist as an independentlegal entity.
"Person" means a natural person, corporation, partnership, trust, agency orother entity as well as the individual officers, directors or other personsin active control of the activities of each such entity. Person also includesheirs, assigns, personal representatives and conservators.
"Purchase" includes, but is not limited to, the sale of stock, sale ofassets, merger, lease, transfer or consolidation.
"Surviving winery" means the winery which purchases a nonsurviving wineryas provided in § 4.1-405.
"Territory" or "sales territory" means the area of primary salesresponsibility within the Commonwealth expressly or implicitly designated byany agreement between any wine wholesaler and winery for the brand or brandsof any winery.
"Wine wholesaler" means any wholesale wine licensee offering wine for saleor resale to retailers or other wine wholesalers without regard to whetherthe business of the person is conducted under the terms of an agreement witha licensed winery.
"Winery" means every person, including any authorized representative ofsuch person pursuant to § 4.1-218, which enters into an agreement with anyVirginia wholesale wine licensee and (i) is licensed as a winery or islicensed as a Virginia farm winery, (ii) is licensed as a wine importer andis not simultaneously licensed as a wine wholesaler, (iii) manufactures orsells any wine products, whether licensed in the Commonwealth or not, or (iv)without regard to whether such person is licensed in the Commonwealth, hastitle to any wine products, excluding Virginia wholesale licensees and retaillicensees, and has the manufacturer's authorization to market such productsunder its own brand or the manufacturer's brand.
(Code 1950, §§ 4-118.21, 4-118.23; 1985, c. 542, § 4-118.43; 1986, c. 102;1989, c. 10; 1991, c. 628; 1993, c. 866; 1997, c. 801.)
As used in this chapter, unless the context requires a different meaning:
"Agreement" means a commercial relationship, not required to be evidencedin writing, of definite or indefinite duration, between a winery and winewholesaler pursuant to which the wholesaler has been authorized to distributeone or more of the winery's brands of wine. The doing or accomplishment ofany of the following acts shall constitute prima facie evidence of anagreement within the meaning of this definition:
1. The shipment, preparation for shipment or acceptance of any order by awinery for any wine to a wine wholesaler within the Commonwealth.
2. The payment by a wine wholesaler and the acceptance of payment by anywinery for the shipment of an order of wine intended for sale in theCommonwealth.
"Brand" means any word, name, group of letters, symbol or combinationthereof adopted and used by a winery to identify a specific wine product andto distinguish that product from other wine produced or marketed by thatwinery or other wineries. The use of general corporate logos or symbols orthe use of advertising messages, whether appearing on the product packagingor elsewhere, shall not be considered to be a brand, brand extension, or partthereof as these terms are used in this chapter.
"Brand extension" and "extension of a brand" mean any brand whichincorporates all or a substantial part of the unique features of apreexisting brand of the same winery and which relies to a significant extenton the good will associated with such preexisting brand.
"Dual distributorships" means the existence of agreements between a singlewinery and more than one wholesaler, each selling a different brand, in agiven territory as the result of a purchase of another winery.
"Nonsurviving winery" means any winery which is purchased by another wineryas provided in § 4.1-405 and, as a result, ceases to exist as an independentlegal entity.
"Person" means a natural person, corporation, partnership, trust, agency orother entity as well as the individual officers, directors or other personsin active control of the activities of each such entity. Person also includesheirs, assigns, personal representatives and conservators.
"Purchase" includes, but is not limited to, the sale of stock, sale ofassets, merger, lease, transfer or consolidation.
"Surviving winery" means the winery which purchases a nonsurviving wineryas provided in § 4.1-405.
"Territory" or "sales territory" means the area of primary salesresponsibility within the Commonwealth expressly or implicitly designated byany agreement between any wine wholesaler and winery for the brand or brandsof any winery.
"Wine wholesaler" means any wholesale wine licensee offering wine for saleor resale to retailers or other wine wholesalers without regard to whetherthe business of the person is conducted under the terms of an agreement witha licensed winery.
"Winery" means every person, including any authorized representative ofsuch person pursuant to § 4.1-218, which enters into an agreement with anyVirginia wholesale wine licensee and (i) is licensed as a winery or islicensed as a Virginia farm winery, (ii) is licensed as a wine importer andis not simultaneously licensed as a wine wholesaler, (iii) manufactures orsells any wine products, whether licensed in the Commonwealth or not, or (iv)without regard to whether such person is licensed in the Commonwealth, hastitle to any wine products, excluding Virginia wholesale licensees and retaillicensees, and has the manufacturer's authorization to market such productsunder its own brand or the manufacturer's brand.
(Code 1950, §§ 4-118.21, 4-118.23; 1985, c. 542, § 4-118.43; 1986, c. 102;1989, c. 10; 1991, c. 628; 1993, c. 866; 1997, c. 801.)
As used in this chapter, unless the context requires a different meaning:
"Agreement" means a commercial relationship, not required to be evidencedin writing, of definite or indefinite duration, between a winery and winewholesaler pursuant to which the wholesaler has been authorized to distributeone or more of the winery's brands of wine. The doing or accomplishment ofany of the following acts shall constitute prima facie evidence of anagreement within the meaning of this definition:
1. The shipment, preparation for shipment or acceptance of any order by awinery for any wine to a wine wholesaler within the Commonwealth.
2. The payment by a wine wholesaler and the acceptance of payment by anywinery for the shipment of an order of wine intended for sale in theCommonwealth.
"Brand" means any word, name, group of letters, symbol or combinationthereof adopted and used by a winery to identify a specific wine product andto distinguish that product from other wine produced or marketed by thatwinery or other wineries. The use of general corporate logos or symbols orthe use of advertising messages, whether appearing on the product packagingor elsewhere, shall not be considered to be a brand, brand extension, or partthereof as these terms are used in this chapter.
"Brand extension" and "extension of a brand" mean any brand whichincorporates all or a substantial part of the unique features of apreexisting brand of the same winery and which relies to a significant extenton the good will associated with such preexisting brand.
"Dual distributorships" means the existence of agreements between a singlewinery and more than one wholesaler, each selling a different brand, in agiven territory as the result of a purchase of another winery.
"Nonsurviving winery" means any winery which is purchased by another wineryas provided in § 4.1-405 and, as a result, ceases to exist as an independentlegal entity.
"Person" means a natural person, corporation, partnership, trust, agency orother entity as well as the individual officers, directors or other personsin active control of the activities of each such entity. Person also includesheirs, assigns, personal representatives and conservators.
"Purchase" includes, but is not limited to, the sale of stock, sale ofassets, merger, lease, transfer or consolidation.
"Surviving winery" means the winery which purchases a nonsurviving wineryas provided in § 4.1-405.
"Territory" or "sales territory" means the area of primary salesresponsibility within the Commonwealth expressly or implicitly designated byany agreement between any wine wholesaler and winery for the brand or brandsof any winery.
"Wine wholesaler" means any wholesale wine licensee offering wine for saleor resale to retailers or other wine wholesalers without regard to whetherthe business of the person is conducted under the terms of an agreement witha licensed winery.
"Winery" means every person, including any authorized representative ofsuch person pursuant to § 4.1-218, which enters into an agreement with anyVirginia wholesale wine licensee and (i) is licensed as a winery or islicensed as a Virginia farm winery, (ii) is licensed as a wine importer andis not simultaneously licensed as a wine wholesaler, (iii) manufactures orsells any wine products, whether licensed in the Commonwealth or not, or (iv)without regard to whether such person is licensed in the Commonwealth, hastitle to any wine products, excluding Virginia wholesale licensees and retaillicensees, and has the manufacturer's authorization to market such productsunder its own brand or the manufacturer's brand.
(Code 1950, §§ 4-118.21, 4-118.23; 1985, c. 542, § 4-118.43; 1986, c. 102;1989, c. 10; 1991, c. 628; 1993, c. 866; 1997, c. 801.)
