Breweries

News & Analysis as of

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

Michigan Legislature Loosens Restrictions on Microbreweries

The Michigan Legislature passed long-awaited changes to Michigan’s alcohol laws with overwhelming support on Wednesday, and the bills are expected to be signed by the Gov. Rick Snyder. These changes will allow Michigan’s...more

2014 Legislative Session: Bills To Watch

On Tuesday, March 4th, Florida lawmakers gathered in Tallahassee for the start of the 2014 legislative session. Lawmakers now have 60 days to pass their bills into law. For those of us in South Florida, we want to follow this...more

Focused on Franchise Law - February 2014

FRANCHISOR 101: Franchisor Successfully Fends Off Fraud Claims - There are circumstances when a fraud claim will not succeed against a franchisor. In Dunkin' Donuts Franchised Restaurants, LLC v. Claudia I, LLC, a...more

Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

Battles Over Demand Letters: Lessons From 'The F Word'

When life gives you lemons, make lemonade. When a big corporation sends you a cease-and-desist letter, make … ale? This is what Jeff Britton, owner of Exit 6 Pub and Brewery in Cottleville, Mo., chose to do after he...more

Beer Distribution Law - January 2014

PENNSYLVANIA COURT REFUSES TO REWRITE DISTRIBUTION AGREEMENT - A United States District Court in Pennsylvania, applying Pennsylvania law, recently rejected a distributor's argument that a brewer's refusal to permit...more

Beer Distribution Law - December 2013

Large Southern California Distributor Acquired By Reyes - Consolidation continues in the beer distribution business. The number of distributors in the US has dropped by about 1200 since 1980 to around 3200, although...more

Beer Distribution Law - November 2013

GOOD NEWS FOR CRAFT BREWERS - POSTAL REFORM LEGISLATION - On October 30, Senator Charles Schumer (D-NY) launched a plan to lift the prohibition era ban on shipping alcoholic beverages by way of the United State Postal...more

Supreme Court of Ohio Clarifies Beer and Wine Franchise Law

Last month the Supreme Court of Ohio helped clarify an oft-litigated feature of the state’s beer and wine “franchise” law. Like most such enactments, Ohio’s franchise law (the “Ohio Alcoholic Beverages Franchise Act”)...more

Starting a Craft Brewery: Business Tips for the New Entrepreneur

The Craft Brewing Industry is booming in America. According to the Brewers Association, since 2000, the number of craft breweries operating in the U.S. has increased by more than two-thirds. Over 2,500 craft breweries...more

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