Court Opinion Offers Some Intriguing Insights and Lessons About the Rise of Large Brewers and the History and Culture of Brewing in the 1970’s

I recently came across a 1979 Second Circuit opinion in a case between a former brewery and the company that bought that brewery over a payment dispute.  The opinion made this statement as the preface to describing the 1978 lower court decision that led to the appellate court decision – “In an opinion that interestingly […]

You Need an Approved COLA Before You Have a Valid Trademark?

I’d say it goes without saying, but the recent expansion of wineries, breweries and distilleries and the coinciding increase in trademark disputes is evincing a contrary trend, so I guess I’ll say it, you need label approval (or recognized exemption) to have lawful sales that can count as your first use in commerce. And a […]

FDA Proposes Rules Regulating Brewers and Distillers Selling Spent Grains for Animal Feed

Brewers and distillers that sell spent grains to farmers will want to stay tuned to the FDA’s Proposed Rule for Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventative controls for Food for Animals over at The proposed rule will establish good manufacturing practices for animal feed and require anyone falling within the […]