Breweries

News & Analysis as of

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

Beer Is Not the New Wine: USPTO Again Rejects Beer Trademark Citing Wine Mark

As the number of craft breweries and craft beer brands grow, many breweries are finding it increasingly difficult to register their marks, not necessarily because there are many new beer trademarks filed with the USPTO (which...more

TTB Issues Expanded List of Allowable Changes to Approved Labels

On Monday, September 29 2014, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2014-2, which expands the list of Allowable Revisions to Approved Alcohol Beverage Labels....more

A Few Zoning Notes: New Caselaw, Oakwood and Beer, Oh My!

We're going to touch on three separate topics today in this post. First, we'll discuss a recent case from the North Carolina Court of Appeals regarding legal nonconforming uses, burdens of proof and lost zoning maps. ...more

Distribution Agreements in Pennsylvania: Til Death Do Us Part

One of the most exciting moments in the existence of a new brewery is the moment you ink your very first distribution agreement. Yes, you never forget your first: you’ve arrived, you’re now part of the Show, and now you’re...more

Craft Beer Trademark Disputes: Too Much Trouble Brewing?

It seems like every week there is a new trademark dispute involving craft breweries. One need only check Beerpulse or Brewbound, two popular beer industry sites, to see many posts about craft beer trademark disputes. This...more

TTB Issues Ruling on Formulas for Beer

On June 5, 2014 the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued TTB Ruling 2014-4, exempting from TTB’s formula and pre-import approval (PIA) submission requirements beer made with dozens ingredients as well as...more

FDA Draws Criticism With Proposed FSMA Animal Feed Rule And Breweries

FDA's chief food safety inspector, Michael Taylor, recently stated that the agency has "no intention" of preventing breweries from giving spent beer grains to farmers for cattle feed. The FDA's proposed rule would have...more

Does Brewing Beer Positively Impact Society And The Environment?

California, like many other states, has enacted legislation allowing for the formation of benefit corporations. Cal. Corp. Code § 16400 et seq. Technically, a benefit corporation is a corporation formed under the General...more

Pennsylvania Tavern Games Licenses [Video]

At the end of 2013, Act 90 was passed into law. Act 90 allows certain liquor license holders to have tavern games in their establishment. If you currently have a Restaurant, Hotel, Privately Owned Public Golf Course, or...more

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