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
11
Dissent In Texas Three-Tier Case Contains Powerful Indictment Of Strict Enforcement Of Cross-Tier Ownership
posted by Ashley Brandt
May
04
Oral Argument Audio Available in Craft Brewers’ Franchise Dispute Over Distribution Termination In Ohio
posted by Ashley Brandt
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 […]
May
03
Nevada Case Questions How Egregious Distributor Behavior Has To Be To Amount To Good Cause For Termination of Franchise Rights
posted by Ashley Brandt
Franchise laws enslaving brewers to distributors often have vaguely worded “good cause” terms allowing a brewer to terminate a relationship when this beneficently named justification exists. A frequent criticism of these statutes is that when a distributor has acted in a fashion that would allow for termination under regular contract principles, these laws force brewers […]
April
28
Will Lee v. Tam End The TTB’s Censorship of Beer Wine and Spirits Labels Found Obscene or Indecent?
posted by Ashley Brandt
As the US awaits a verdict in Lee v. Tam – a trademark dispute challenging a section of the trademark act (15 U.S.C. 1052(a)) refusing trademark registration for marks that are deemed immoral or scandalous, and the U.S. Patent and Trademark Office’s implementation and application of those restrictions – it would benefit us to be […]
April
24
Millercoors Wins “Not From Australia” Lawsuit Over Claims That Foster’s Marketing Misleads Drinkers
posted by Ashley Brandt
In one of latest wins for brewers against deceptive labeling lawsuits brought against domestically made beers over branding that arguably conveys they are imported, Millercoors has scored a win for its Foster’s brand against a putative class action looking to cash in against the company. The lawsuit (you can read the amended complaint here) alleged that […]
April
14
North Carolina Proposes Some Common-Sense Amendments to Modernize Its Brewing Laws That Advance Rights for Craft Brewers In the Face of Changing Times
posted by Ashley Brandt
Jim Koch (of Boston Beer fame) wrote an excellent polemic for the New York Times last week questioning some American attitudes towards beer. A salient point from that article was that many state distribution laws developed over time from the end of prohibition and haven’t been updated since the 1970’s. These distribution statutes were created […]
April
10
Arguing With the Trademark Office Over Wine? – La Finca Wine Trademark Decision Provides Interesting Lessons Regarding Acceptable Source Material
posted by Ashley Brandt
The TTAB (Trademark Trial and Appeal Board) recently affirmed the decision from the USPTO refusing to register the mark “La Finca” for wines on the basis that the vintner didn’t demonstrate that the brand had acquired distinctiveness since the translation of the term is “the estate” or “the farm” which is descriptive for wines. You […]
March
31
Havana Club Dispute Back In The Spotlight After Congressional Reps Ask For Administration To Undo Predecessor’s Ruling
posted by Ashley Brandt
The latest turn in a decades long fight over control of the Havana Club trademark for rum came from the Capitol this week. Congressional leaders from Florida (home of Bacardi’s U.S. headquarters) have sent a letter to the new administration asking for the repeal of an Obama administration decision to allow Cubaexport, the Cuban company […]
