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 […]

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 […]

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 […]