November 22

A new ally in the fight against counterfeit wine – the online retailer Alibaba

In early 2015, Wine Spectator questioned how serious the Chinese government was at addressing the problem of counterfeit wines and pointed to Alibaba’s site as a major culprit in promoting the sale of counterfeit bottles. A clever solution implemented by producers and brokers back then was the award of exclusive distribution rights within the country.  […]

August 22

Here’s Why Copper is OK for Brewing Equipment But Not for Your Moscow Mule

Apparently amateur chemistry isn’t for everyone.  Especially not the thousands of mixologists and bartenders across the world who’ve been recommending and serving Moscow Mules in mugs with copper interior coming into contact with the acidic drink.  Potentially poisoning drinkers in trendy restaurants from Portland to … Portland.   The Iowa Alcoholic Beverages Commission recently reminded everyone […]

July 24

Descriptive Phrases Are For Everyone’s Use – Vanilla Java Porter Denied Trademark Registration

Some bad news for Atwater in its quest to trademark “Vanilla Java Porter” is good news for those hoping ingredients and styles and variants don’t end up receiving registration forcing breweries to have to challenge registrations to get them undone in order to use common terms in their labeling.  You’re correct if you think this […]

July 13

7th Circuit: Indiana’s Wacky Prohibition of Distributors Selling Both Beer and Spirits Has Rational Basis: Increased Cost to Consumers

You might not believe it unless you look like this: But Indiana’s current bar against beer wholesalers selling liquor or liquor wholesalers selling beer was just held constitutional because the state claims its “rational basis” was the increase of pricing to stem alcohol consumption. In Monarch Beverage Co., Inc. v. David Cook et al., Monarch […]

July 10

6th Circuit Slams Distributor’s Attempt to Transfer Craft Beer Brands Without Brewer’s Consent

It’s a fairly typical clause in most distribution agreements, if not specifically stated in most state beer franchise laws – a promise that your distributor won’t transfer the franchise or the business (you want both and you’ll see why in a second) absent the brewer’s consent (which will not be “unreasonably” withheld).   The 6th Circuit […]

June 23

Come Check Out the Illinois Craft Brewers Conference – June 26th and 27th

Come on out to the Illinois Craft Brewer’s Conference on June 26th and 27th for two great days of education and information on brewing and related issues.  I’ll be presenting with a great group of other experts on topics of interest.  http://illinoisbeer.org/conference

May 11

Dissent In Texas Three-Tier Case Contains Powerful Indictment Of Strict Enforcement Of Cross-Tier Ownership

As you all probably have heard, in Cadena Commercial v. Texas Alcoholic Beverage Commission, the Texas Supreme Court recently weighed in on the Texas Alcoholic Beverage Commission’s decision to deny a license for retail sales to a group of convenience stores that wanted to sell alcohol because through a chain of ownership, one of the […]

May 04

Oral Argument Audio Available in Craft Brewers’ Franchise Dispute Over Distribution Termination In Ohio

The Sixth Circuit held the oral argument yesterday in the dispute between Southern Glazer’s and two craft brewers (Great Lakes Brewing and Boston Beer Company) looking to terminate their distribution relationship.   You can listen to the argument here: We’ve written about this case a few times here and here noting that it is an […]