Author Archives: Ashley Brandt

double-barrel February 24

The Public’s View of “Double Barreled” May Decide Trademark Dispute Between Bourbon Makers

A recent trademark decision shows how important consumer survey evidence has become in trademark litigation concerning generic and descriptive marks. In an ongoing trademark dispute over the use of the term “double barreled” between Sazerac and Prichard’s, a federal court found that neither side had submitted the information necessary for it to rule – evidence of what […]

i-agree-picture February 20

A Few Ways to Better Ensure Your Electronic Contracts and Online Agreements Are Enforceable

A recent 3rd Circuit case, ADP v. Lynch, upheld non-compete and non-solicitation restrictive covenants in an online agreement that employees had confirmed when they electronically accepted offers of stock as part of an incentive program.  The process for agreeing to the electronic contract is somewhat discernible from the opinion, the employees, presented with the online […]

cider-picture February 17

Hard Cider Gets Harder As Changes to Hard Cider Get Addressed in New TTB Temporary Rule for Public Comment

The TTB has proposed and is seeking public comment on modifications to the definition and treatment of Hard Cider through temporary rule, T.D. TTB–147, based on requirements set out in the PATH Act. You can find the full Notice of Proposed Rulemaking here.  You can read the Temporary Rule here. The summary from the Temporary […]

here-comes-trouble February 15

Frivolous Lawsuit Against Walmart Alleges Private Label / Contract Beer Made at Larger Facility Can’t Be Craft

In what’s certain to raise the ire of many private labelers and contract brewers around the country who benefit from the expertise, skill, and equipment available at commercial breweries Walmart has been tagged with a private labeling “crafty” suit in Ohio.  The complaint (you can read it here) alleges that Walmart has a hand in […]

beer-truck February 14

Final Briefs Filed as Craft Brewers’ Fight to Terminate Distribution Agreements in Ohio Rolls On

When last we wrote about the ongoing attempts by Great Lakes Brewing and Boston Beer Company to terminate their distribution arrangements with Souther Glazer’s in Ohio, Great Lakes had just filed its appellate brief looking to overturn the order that the District Court entered forcing it to keep selling to Southern Glazer’s.  The beauty of […]

harvested-agaves February 02

Use Tequila in Your Drink Name? You May Need to Use Another Name. U.S. Trademark Office Makes Tequila the Champagne of Agaves

Marie Gaytán’s “¡Tequila!: Distilling the Spirit of Mexico” is a grand exercise in contextualizing tequila historically, economically, and politically.  If you don’t start the book with an appreciation (and hankering) for tequila or mezcal as something that isn’t served with salt and lime, you will by the time you finish it.  The treatise renewed my […]

old-charter-picture January 30

8-Season vs. 8-Year Bourbon False Advertising Suit Dropped

When last we updated you on this lawsuit, the defendants, bourbon makers, had filed a motion to dismiss claiming there wasn’t a sound basis to conclude that the 8 (changed from 8 years to just an 8) at the top of the label and the further statement claiming that the bourbon was aged for “8 […]

happy-hour-sign January 25

A Win for Rational Thought In Alcohol Advertising – 8th Circuit Asks District Court to Consider Whether There’s A Correlation Between Alcohol Advertising Regulations and Their Intended Objectives In Order to Satisfy First Amendment Scrutiny

It’s not just that some 20th Century laws are not equipped to handle 21st Century problems. (I read that in a Google ad a while back and still think it is a great statement.)  Its that since the time when many of the problems asserted in the alcohol industry were the subject of “tied-house” and […]