Watch out – Court holds craft producers can be sued in foreign jurisdictions where they don’t sell just by linking to other websites that sell their products there

Craft producers from breweries and distilleries to cheese and sausage makers should sit up and take notice of this recent opinion out of the Western District of Michigan.  The case involves a run of the mill trademark dispute between Mor-Dall Enterprises (the company behind Dark Horse Brewing out in Marshall, MI) and Dark Horse Distillery […]

A call for analyzing the 3-tiered system? NJ Court says alcohol regulations need to be revisited in light of changing conditions

There’s an quote from Justice Holmes’ The Path of the Law that goes “[i]t is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished […]

Court holds interstate carrier is not responsible for 3rd party’s shipping fraud – reaffirming importance of instructions on your bill of lading like “protect wine from freezing”

  The Carmack Amendment (49 U.S.C. § 14706) governing interstate shipping and the Federal Bill of Lading Act (49 U.S.C. § 80101) are two federal statutes that have a great impact on the interstate shipment of wine, beer, and spirits.  Cases clarifying the language and interpretation of the statutes or giving guidance for proper procedures […]

DuClaw(s) out at Left Hand Brewery in craft beer trademark dispute over Sawtooth and Black Jack beer names

Left Hand Brewing may have just made the list of the U.S. top 50 craft brewers but DuClaw Brewing Company isn’t writing to congratulate them.  In this lawsuit filed last Monday, DuClaw, which makes a Belgian white it calls Sawtooth and stout called Black Jack Stout wants a Maryland Federal Court to keep Left Hand […]

Don’t get fined for being good – what you need to know about advertising your donations or partnerships with charities.

Before wineries, craft breweries or distillers partner with a local or national charity to do some good, make sure you check your state’s co-venturer statutes and get properly registered if you have any intention of telling people about your beneficence.  More that 40 states have commercial co-venturer statutes on the books that regulate the manner […]

What should wineries, craft brewers, and distillers know about advertising and labeling involving athletes and sports?

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Anchor Steam(ed) up in dispute over use of “Steam” trademark for craft beer by City Steam Brewery

In a lawsuit filed two weeks ago, Anchor Steam Brewery is seeking to enforce its rights to its “Steam” trademark for beer against City Steam Brewery in Connecticut.  The case between these two brewers had been milling around the Trademark Trials and Appeals Board but now that Anchor filed suit, they’re seeking to stay that […]

6th Circuit fight over right to sell wine and liquor in Kentucky grocery and convenience stores continues

Last year, in what was a wonderful turn of events for those who support a rational and reasoned approach to alcohol regulation, a district court in Kentucky held that state’s regulations prohibiting wine and liquor sales at grocery and convenience stores unconstitutional.  We wrote about the opinion and decision here.  The state appealed and a […]

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