News & Analysis as of

TTAB Makes Double Brown Ale Open to Nut Sack Mark

In a ruling bound to please 15 year-old boys everywhere, the USPTO Trademark Trial and Appeal Board (“TTAB”) reversed the Examining Attorney’s refusal to register the trademark NUT SACK DOUBLE BROWN ALE (in standard character...more

Food and Beverage Law Update: October 2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

SABMiller Accepts $104 billion Offer from AB InBev

SABMiller has accepted a takeover proposal from Anheuser-Busch InBev, the world’s largest brewer, in a deal that would include cash and stock worth 68 billion pounds ($104.4 billion). The new conglomerate would brew more than...more

Handmade, Craft, and Imported: Alcohol Beverage Makers Battle False Labeling & Advertising Claims

In the past couple years, there have been several consumer class action lawsuits filed against alcohol beverage makers claiming that their labels or marketing campaigns are false or misleading. Several lawsuits have been...more

Update on New Orleans Zoning Ordinance

The new City of New Orleans Comprehensive Zoning Ordinance (“CZO”) became effective on August 12, 2015, but various interested parties have already begun the process of amending this newly-adopted ordinance. Last Thursday,...more

Prepare Your Brewery or Distillery to Raise Money

Raising capital can be very exciting, but it can also create a great deal of uncertainty and anxiety. Before you approach a bank, an individual investor, or a more institutional equity investor, be aware that these people...more

Winter Park Distilling Company Brews One-of-a-Kind Facility in Winter Park

Exciting things are happening with our client Winter Park Distilling Company which recently announced expansion plans of its new “Brewstillery” facility which will combine a craft distillery, brewery, taproom and retail...more

Constitutional Right to Sell Beer?

Texas, like many states, has a patchwork of complicated, and often inconsistent, alcohol regulatory laws. A few years ago, Texas craft breweries were authorized to sell products to visitors for on-premises consumption. So, if...more

Mega Merger Looming for the Beer Industry

The latest wave in the ever-changing and often turbulent waters of the beer industry is the potential merger of SABMiller with Anheuser-Busch InBev. This potential combination would create a brewery with nine of the world’s...more

Take a Bite Out of Taxation: The Core Issues of the CIDER Act

Interest in, and consumption of, hard cider is on an upswing in the United States. The hard cider market grew by 71 percent in 2014 with total cider sales jumping from just $78 million in 2011 to $470 million for the 52 weeks...more

Transaction Trend Advisory: U.S. Craft Brewery Joint Ventures with Foreign Breweries

The recently announced transaction between Lagunitas Brewing Company and Heineken N.V. marks the third transaction over the last ten months between a major U.S. craft brewery and a large foreign brewery. The prior two...more

Transaction Trend Advisory: U.S. Craft Brewery Joint Ventures with Foreign Breweries

The recently announced transaction between Lagunitas Brewing Company and Heineken N.V. marks the third transaction over the last ten months between a major U.S. craft brewery and a large foreign brewery. The prior two...more

New Jersey Further Embracing Craft

The New Jersey Legislature is considering a bipartisan measure that would allow microbreweries to sell their products at local farmers’ market, permit microbrewery visitors to enjoy local food on-site, and allow brewpubs to...more

Craft Beer Industry Update: M&A ESOPs and Liquidity Transactions over the past 12 Months

Craft beer is at a turning point in the history of the industry. Craft beer has grown dramatically (about 20% in 2014) during a time when overall beer consumption has increased only 0.5%.1 This has changed everything -- from...more

Hey, That’s My Beer! I Think…

In the bustling craft brew economy brewers are faced with new issues every day. One that recently came to my attention arises when the craft brewery’s brewmaster or head brewer decides to either start his own craft brewery,...more

Join the Political Process

The legal, regulatory, and policy landscape of the alcohol manufacturing industry is changing on a daily basis. As the owner of a brewery or distillery, it is critically important to not only stay abreast of these changes,...more

Distribution Basics

The process of distribution is critically important to craft breweries; but, it is commonly misunderstood in relation to the overall operational success of a brewery. A common misconception by those entering the craft beer...more

Trademark Searching - Remember to Think Outside the Box

Trademark searches are necessary, any trademark attorney will tell you this. Like we have said previously, adopting a trademark and putting it into the marketplace without conducting some type of trademark search is akin to...more

Significant Gains for Small and Independent Breweries

The Brewers Association, the national trade association for small and independent craft breweries, released data earlier this week on the mid-year growth of the craft beer segment. The mid-year data is consistent with the...more

The Alcohol Tobacco Tax and Trade Bureau Frequently Asked Questions: Growlers

What are the concerns for filling a growler? A growler is either a bottle or a large glass. The distinction is solely dependent on the manner in which the brewer fills the container. When is a growler a bottle? A growler is a...more

Updates to Nevada’s Gaming Laws – 2015 Legislative Session (Cont.#2)

Procedural and Administrative Changes and Clarifications - AB40 - A key administrative change effected by AB40 is to change the name of the “State Gaming Control Board” to the “Nevada Gaming Control Board.”...more

Alcohol Tax Breaks Brewing in Congress (May 2015)

Tax relief may be on the way for alcohol producers both large and small. Two tax breaks for brewers are vying for the spotlight on Capitol Hill, while a third piece of legislation would grant earlier tax deductions to...more

At The Corner of Trademarks and Confusion

Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic...more

Should Breweries be Worried about Trade Secret Misappropriation?

The craft brewing industry is exploding and there is no sign of it slowing down in the upcoming years. In 2010, the Brewers Association reported 1,813 breweries in the United States. As of 2013, there were over 2,800...more

Louisiana Legislative Update

The 2015 Louisiana legislative session is over, so let’s check on the four-pack of bills and the proposed tax increase. HB132 would have required individuals consuming alcoholic beverages at commercial establishments to have...more

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