discount-wine-and-beer December 01

1st Amendment Challenge to Discounted Alcohol Advertising Ban Finally Has Oral Argument

There are statutes and regulations in many states prohibiting different forms of advertising for beer wine and spirits.  Many of these alcohol advertising bans involve content specific restrictions on promotions of discounted alcohol or the manner in which different tiers of the industry are jointly involved in an advertisement, such as: Barring wholesalers, wineries, distilleries […]

safe-harbor-digital-millenium-copyright-act November 30

Register Now! – New U.S. Copyright Office Rule Requires Electronic Registration by 12/31/2017 to Take Advantage of DMCA Safe Harbor

TAKE ACTION:  Food and beverage companies, restaurants, and other vendors that allow user-generated content like reviews, pictures, recipes or other data on their websites will need to electronically register their designated agent with U.S. Copyright Office under the new electronic designation system at the US Copyright office to be able to take advantage of the […]

texas-alcohol-lawyer November 29

SCOTUS Denies Cert. In Texas Alcohol Permit Rule Case Enjoining Requiring a Year’s Residency for Retail Permit

Residency can be a requirement, but setting an additional qualification mandating a set duration of residency violates the 21st Amendment. For those of you following the ups and downs of the durational-residency-requirements-for-a-Texas-alcohol-permit saga, it looks like the 5th Circuit opinion upholding the injunction against enforcing Texas’ one-year residency requirement is going to stand.  Your constitutional […]

You Should Be Paid For Your Self-Distribution Rights – and Texas Agrees!

In 2013, distributors lobbied and won a concession as part of a generally positive group of reforms supporting the craft brewing industry in Texas.  The provision they slipped into the 2013 amendments to Texas craft brewing laws prohibited brewers from getting value for their self-distribution rights.  The entirety of sales driven profits, the law said, […]

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 […]