Breweries

News & Analysis as of

The Next Hot Trend in Economic Development: Craft Beer

The Brewers Association, a trade association representing small and independent American craft brewers, recently released the 2014 data on the United States craft beer industry. For the first-time ever, the craft segment...more

March Madness For INNOVATION

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries...more

Easy to Swallow: New California Beer Legislation Benefits Craft Brewers

Last year the state eased up on growler restrictions to allow California beer lovers to get their growlers refilled at any brewery, no matter which brewery’s label is on the container, as long as the refilling brewery puts on...more

Craft Beer Getting Boost in West Virginia

Last Friday, the West Virginia House of Delegates voted 86-11 to allow breweries to give out samples at their breweries. The bill also allows breweries, brewpubs, and other retailers to sell up to 4 growlers of beer a...more

Seeing Double Trademarks on St. Patrick’s Day? It’s Probably the Guinness

St. Patrick’s Day is upon us, which in Boston means loads of Kelly green, a famously-litigated parade, and a huge spike in the consumption of Guinness. The iconic dark stout travels in equally recognizable containers, each...more

Trends in Trademarks

With more than 3,000 breweries in the United States and nearly 2,000 more in some phase of planning, the likelihood of trademark infringement increases with each passing IPA related pun. Some disputes are settled in a very...more

New Opportunities Brewing for Alabama Craft Brewers?

The Alabama Brewers Guild has drafted a bill that would create a special craft brewers license enabling small breweries to operate an on-site restaurant and sell their beer for on- and off-site consumption. The license would...more

Indiana Reforming Beer Laws

Last week, the Indiana House of Representatives voted 87-7 to raise the production limit on the amount of beer that can be produced by craft breweries. The proposed legislation would increase the production level to 90,000...more

Kansas Considering Carve Outs

House Bill 2189, which is currently before the Kansas legislature, would allow breweries to sell beer directly to retailers, public venues, and caterers. Currently, Kansas breweries must sell their product directly to...more

Florida Craft Beer Bills Under Consideration Today

The Florida House Business and Professions Subcommittee will consider two beer bills today. In addition, the Senate Committee on Regulated Industries will also hear its version of those two bills today. House Bill 301 would...more

Crafting an Effective Fair Use Defense

The beer industry is rife with trademark legal issues. We’ve discussed quite a fe here, including disputes over brewery names, attempts to register as a trademark the design of a beer glass, or the longstanding issue of...more

Craft Brewery Intellectual Property Primer

A. Introduction - A name. It all starts with a name. A series of words, individually with little meaning, but collectively, the embodiment of creativity, passion, and inspiration. Whether the name of the craft brewery...more

Reduction of Excise Tax on Craft Beer on the Horizon?

Twenty-five U.S. senators are sponsoring a bill that will help the United States craft beer industry by reducing the excise tax on beer made by small brewers. Currently, brewers making fewer than 2 million barrels annually...more

Re-Living the Bar Exam

Recently, I played a little law office hookie with a few of my colleagues, in the name of legal research, of course, to re-live the “bar exam.” The particular bar we examined was Magnolia Brewing Company’s new digs in...more

Small BREW Act is Back

Congress is expected to consider the Small BREW (Brewer Reinvestment and Expanding Workforce) Act again. This piece of legislation would make any brewery that brews fewer than 6 million barrels of beer per year eligible for...more

Mississippi Microbrewery Modernization Act of 2015

Representative Toby Barker recently introduced House Bill 1158, the Mississippi Microbrewery Modernization Act of 2015. This bill would allow certain breweries in Mississippi to sell products on the brewery premises and...more

Are Taprooms on the Horizon in Georgia?

The State of Georgia is one of just four states left that adhere to dated laws prohibiting the sale of craft beer on-site. In Georgia, a craft brewery must sell its product to a distributor and that distributor must sell the...more

Florida Liquor Stores & Beer Distributors Challenge Tasting Rooms

Liquor stores in Florida and beer distributors are joining forces to challenge the way Florida is issuing licenses that let breweries sell their products in tasting rooms. The Florida Retail Federation is suing the Department...more

Carving Out Small

States have been vested with the responsibility to regulate the manufacture, distribution, and sale of alcoholic beverages since the repeal of Prohibition. In carrying out this authority, many states have implemented a three...more

Aviator Brewing Company Asks Court to Declare: MAD BEACH Beer Label Does Not Infringe California Brewery’s Beer Label

On November 17, 2014, craft brewer Aviator Brewing Company filed an action in the United States District Court for the Eastern District of North Carolina, seeking a declaration from the Court that its MAD BEACH beer label...more

Craft Beer In Review – 2014

The craft beer segment concludes another successful year in 2014 with some astonishing statistics released by the Brewers Association earlier this week. “It’s remarkable to see how beer has evolved in the past century....more

Top 12 Legal Mistakes Made by Startup Breweries and Distilleries

Undertaking any entrepreneurial endeavor can be a daunting task. It can get very complicated when doing so in a highly regulated environment, such as the one that governs the manufacture and sale of alcohol related products....more

North Carolina Beer Distribution Agreements

In This Presentation: - The Choice: Brewery Self Distribution or Wholesaler Distribution - The Beer Franchise Law - Goals of Distribution Agreement - Checklist for Agreement - Excerpt from...more

Comparing Franchise Relationships and Beer Distribution Relationships

Beer distribution laws differ from traditional franchise laws in many ways, but they do share some commonalities. As a matter of fact, many states now regulate the relationship between those who brew or import beer into a...more

Starting a Craft Brewery in North Carolina - Steps to Take Before You Sell a Single Bottle of Beer

Before your finely-crafted product can ever be someone’s quiet reward after a long day or before your craft brew can ever take home a Great American Beer Festival® gold medal, you must take certain steps to ensure your...more

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