News & Analysis as of

Beer Intellectual Property Protection

McDermott Will & Emery

Taking the High Road: Ambiguity Regarding “Versions” of Beer Precludes Summary Judgment

The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt...more

Dunlap Bennett & Ludwig PLLC

How to Protect a Trademark or Service Mark for a Brewery or Beer Name

With excellent craft beers, breweries have become highly popular in the Washington, D.C. metropolitan area and throughout the United States and are most often visited during spring, summer, and fall. The brewers regularly...more

Proskauer - Minding Your Business

Trademark Disputes Continue to Brew

Stone Brewing has used STONE as a trademark since the early 1990s, and has since become the largest brewery in Southern California and ninth largest craft brewery in the U.S.  Fast forward to 2017, when MillerCoors rebranded...more

Ward and Smith, P.A.

The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 2

Ward and Smith, P.A. on

What's in a name?  Beer names can be funny, creative, and whimsical.  But with the growing popularity of craft brewing, it's becoming increasingly difficult to come up with a name that isn't already taken. In Part 1 of...more

Weintraub Tobin

Beer: You Know It When You Taste It, Or Maybe Not

Weintraub Tobin on

Hard seltzer first hit the marketplace about five years ago and rapidly grew in popularity with sales exceeding $4.5 billion in 2020. Wanting to ride the wave of success, many companies have introduced hard seltzers into...more

Harris Beach PLLC

Planning to Sell Your Brewery? 5 Strategies to Make Your Business More Attractive, Even During a Pandemic

Harris Beach PLLC on

The strong pace of craft brewery acquisitions seen in recent years will likely reverse course in 2020 due to the economic challenges and uncertainty caused by the ongoing coronavirus pandemic. But despite the impact of...more

Orrick - Trade Secrets Group

From Corn-Gate to You-Stole-My-Trade-Secrets-Gate (Maybe): Defendant Beer Maker Moves to Add a Counterclaim for Trade Secrets...

MillerCoors (beer maker of Coors Light and Miller Lite) and Anheuser-Busch (“AB”) (competing beer maker of Bud Light) have been embroiled in a contentious federal district court litigation in the W.D. of Wisconsin since March...more

Harris Beach PLLC

Can I Use Song Lyrics in a Beer Name?

Harris Beach PLLC on

Beer and music go together – always have and always will. Lots of brewers draw inspiration from song and many have used lyrics or even titles to name beers or even their breweries. For example, the superlative Singlecut...more

Harris Beach PLLC

The Importance of Trademark Registration for Breweries

Harris Beach PLLC on

So you’ve got a brewery or you’re planning to start a brewery, what are the typical issues you worry about? Financing, federal and state licensing, recipe formulation, hop contracts, distribution, employees, mash pH, and a...more

Bradley Arant Boult Cummings LLP

Distilling the Relatedness of Spirits, Wines and Beer – The Lack of a Bright-Line Rule - Food, Beverage & Hospitality Alert

The alcohol industry has seen a veritable explosion in trademark filings from craft and independent brewers, distillers and wineries. This upsurge means trademarks are coming into conflict more and more often in the...more

Seyfarth Shaw LLP

Hold My Beer: Ninth Circuit Hears Oral Argument In Trade Secret/Anti-SLAPP Row For A Second Time

Seyfarth Shaw LLP on

A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more

Orrick - Trade Secrets Group

Trade Secret Sparks Beer Brawl In The Ninth Circuit: When Is Your Word Enough?

On September 13, the Ninth Circuit heard oral arguments on an issue of first impression in Anheuser-Busch Cos. v. James Clark, No. 17-15591 (9th Cir. 2015). ...more

Bowditch & Dewey

Legal Basics: Starting a Brewery 101

Bowditch & Dewey on

Breweries are sprouting up all over, just like we hope spring is! If you are contemplating joining the craze, here are a few tips to keep in mind...more

Smith Debnam Narron Drake Saintsing & Myers,...

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

Ward and Smith, P.A.

It's Official: Brewers Will Pay Less Tax in 2018. Now What?

Ward and Smith, P.A. on

On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act, which reduces the federal excise tax on brewers for years 2018, 2019, and 2020. A detailed description of how the new law reduces brewers' excise...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2017

Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2017 #3

FDA Delays Compliance Date for Nutrition Facts Labeling - The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged...more

Orrick - Trade Secrets Group

Causing a Brouhaha: Trade Secrets Disputes in the Craft Beer Industry

In recent years, the craft beer craze has taken ahold of the country and has resulted in an explosion of new microbreweries and enthusiasts. Several websites, like BeerSmith, allow users to share recipes with others; other...more

McAfee & Taft

Craft brewery startups: Early stage IP considerations

McAfee & Taft on

By all accounts, as we head into 2017, the craft beer industry will continue to experience tremendous growth. This is due to primarily to increasing consumer demand. Also, favorable legislation in some states should help fuel...more

Lewitt Hackman

Craft Brewers Scrap Over Catchy Names

Lewitt Hackman on

The craft-beer industry is running low on names. There are more than 4,600 craft breweries in the U.S. – California leading the nation with over 500, according to the Brewer’s Association....more

Baker Donelson

Prepare Your Brewery or Distillery to Raise Money

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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

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