Breweries

News & Analysis as of

Update: Can the University of Kentucky Own Exclusive Rights in KENTUCKY for Clothing?

In a prior posting, we discussed a recent case in which the University of Kentucky claimed exclusive trademark rights in KENTUCKY for clothing. The University protested the use by a small brewer, Colin Fultz, of his mark...more

Liquor Control Board Weighs in on Alcohol Law Changes in Pennsylvania

Of particular interest to Pennsylvania residents and those doing business in the Commonwealth is the focus on expanding the location and availability of alcohol beyond traditional licensees. A month after Act 39 of 2016...more

(TAP)ping into the NJ Craft Brewery Market

One of the most challenging circumstances our clients face is having spent hundreds of thousands of dollars finding a suitable building for brewing and fitting out their new space, and the start of operating costs, meanwhile...more

Pennsylvania 2016-2017 Budget Revives Brewers’ Tax Credit – With A Catch

Pennsylvania Governor Tom Wolf recently signed into law the last piece of the 2016-2017 budget picture: House Bill 1198, the revenue package to pay for the spending previously approved by the House and Senate and which became...more

Your daily dose of financial news - The Brief – 7.21.16

The Treasury Dept’s Office of Financial Research has found that money-market funds are increasingly entering into direct repurchase loans with large investors and insurers—another sign that “participants in short-term lending...more

Big Brewers Hopping on the Transparency Train

Transparency is a hot topic in the food world these days. The U.S. Food and Drug Administration (FDA) recently finalized an update to the nutrition facts panel for packaged foods. The U.S. Senate last week advanced a bill...more

Sixth Circuit Tri County Decision Provides Much-Needed Clarity on “Successor” Provision in Ohio Franchise Law

I attach a copy of the US Court of Appeals for the Sixth Circuit’s recent decision in Tri County Wholesale Distributors v. Labatt USA Operating Company, Nos. 15-3710/3769 (6th Cir., July 6, 2016). For students of the...more

Sustainable Development Update - July 2016

Sustainable Development Focus - What does the future hold for green bonds and solar investment? - PV-Tech - Jul 5 - Green bonds first appeared in the market in 2007, with initial issuance from development...more

North Carolina Legislature Adjourns for 2016 with No Major Changes to ABC Laws

The North Carolina General Assembly adjourned for 2016 with no major changes to North Carolina’s alcohol laws. North Carolina legislation that allows wine shippers to file excise tax reports on an annual basis, rather...more

New Changes to Florida Beverage Laws Started July 1st

Changes to Florida’s Beverage Laws have drawn attention and controversy over recent years as groups ranging from small craft breweries to major retail vendors have lobbied for legislative amendments to the State’s...more

The Legal Implications of Restaurant-Designed House Brand Craft Beers

The craft beer industry has been growing at an unprecedented clip in the last few years. Breweries are opening up at an increasing pace throughout the United States as consumers skew more towards locally produced products and...more

Christmas Comes Early for the Pennsylvania Liquor Industry: Governor Wolf Signs Liquor Modernization Bill into Law

Christmas has come early in 2016 for the Pennsylvania wine, liquor and malt or brewed beverage industry: on June 8, Governor Tom Wolf signed House Bill 1690 in law. While the bill does not provide for the privatization of the...more

Growlers, Howlers, and More: Navigating the Licensure of a Brewery in Rhode Island

Amongst beer enthusiasts, craft beers have become increasingly popular throughout the country in the past decade. With the efforts of local brew enthusiasts, Rhode Island has actively sought to reduce the licensing...more

Be a Service “to Others”

It’s rare that we focus on descriptions of goods or services here, but one of the most common reasons that a trademark for a brewery or winery is refused registration at the Trademark Office comes down to the description of...more

America’s Most Watered-Down Beer (Name)?

Last week the Twittersphere was chirping loudly and negatively in response to reports that Belgian-owned Inbev would be replacing the Budweiser brand name with “America” on beer cans, as shown above. No bow-tie can shape in...more

Alcohol Trademarks of the 1800’s: California Uncorks the Past

For the last two years, we have published the Trademark Year in Wine and Beer, a catalogue of each year’s trademark disputes in the alcoholic beverage industry. That is why we were extra excited on April 21, 2016 when the...more

Tour Fee Can Vary Again in Georgia

The Georgia Department of Revenue released a proposed rule Monday that would allow breweries in Georgia to charge different fees for admission on tours based on the amount of free tastings and the free souvenir. This...more

Recent Events in the News Highlight the Importance of Registering Trademarks with the USPTO

Last week, New Belgium Brewing Company and Oasis Texas Brewing Company settled a trademark dispute between the companies that began in 2014. The two breweries were disputing which of them had the right to use the name “Slow...more

Virginia ABC Relaxes Wineries’ Use of Tasting, Retail Sales Areas

In a just-published Circular Letter (16-02), the Virginia Department of Alcoholic Beverage Control (ABC) announced that wineries, farm wineries and breweries may now use areas approved for retail sales and tastings for...more

Dude, It’s Gotten GNARLY for Beer and Wine

Trademark issues regarding breweries and wineries are increasingly intertwined as both breweries and wineries grow, flower, and spread out throughout the country. I have talked before about the issues relating to a perceived...more

Financing in the Craft Brewing Industry

Many home brewers dream of someday selling their production on a larger scale. A brewery is an extremely capital intensive business. Unless one is lucky enough to have a large personal fortune, the hopeful brewer will...more

Legislative Compromise in Georgia

The Georgia Brewer’s Guild was prepared to introduce a significant piece of legislation this year that would have opened up a number of opportunities for craft breweries in Georgia. As of yesterday, that legislation will not...more

Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a...more

Early Southeastern Legislative Activity

Many state legislatures are getting into gear for the 2016 legislative session and regulatory reform around the alcohol manufacturing industry is sure to be a hot issue for many states in 2016. Two bills have already popped...more

Illinois Nuns Sue Over Brewery/Nursing Home Denial

Fraternite Notre Dame, Inc. is suing the County of McHenry, Illinois, over the County’s denial of a petition to amend a conditional use permit. Notre Dame’s mission includes various charitable activities, such as a daily...more

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