Category Archives: Beer

March 24

Craft Brewers Need to Watch This Texas Dispute Over Getting Money From Wholesalers For Selling Distribution Rights – State Files Opening Brief in Appeal of Challenge to Texas Brewer’s Ability to Sell Their Distribution Rights for Payment

It used to be that brewers signed with wholesalers and gave up their self-distribution rights and didn’t get any money for them.  Then some enterprising brewers realized that wholesalers sue each other and brewers for the value of those rights so the rights must have value.  They started asking for payment when they signed with […]

March 21

Using A Photograph in Advertising or On Your Label? Better Make Sure You Have Rights From the Photographer AND the People In It. Natty Light Sued In Lawsuit Over Using Photograph From Social Media Contest.

Ensure that you get the proper releases if you’re using a photograph with human subjects.  Whether on your label or in your advertising – if you’ve gathered photographs from a festival or from fans through a social media campaign you need clearance.  That means a release from the artist – he photographer – as well […]

March 17

Bud Light Lime Lime-a-Rita not False Advertising Says – 9th Circuit … Compared to a Fictional Budweiser Lime-a-Rita or a Margarita

The 9th Circuit has upheld the District Court decision dismissing the false advertising case against Anheuser for Bud-Light Lime Lime-a-Rita. For those not familiar with this false advertising lawsuit, consumers brought claims against Anheuser alleging that the use of the work “Light” in the Bud Light Lime Lime-a-Rita name was misleading because the alcoholic beverages […]

March 15

Example Agreements: Licensing Your Brand To Create Chackies For Your Distributors and Customers

People love to wear branded stuff.  I accept this as a general truth.  The sooner you accept is as well and offer them the chance to promote your brand for you, the sooner you’ll be getting some free advertising.  They particularly like beer, spirits, and food brands (my awesome Chateauneuf Du Pape shirt notwithstanding).  That […]

March 10

Sapporo Wins “Not Made In Japan” Lawsuit – Havana Club and Red Stripe Opinions Are Gaining Steam as Precedent for Beer False Origin Lawsuits

“If I wanted American beer, I would have bought Budweiser” – that’s what the plaintiff in the recently dismissed class action against Sapporo told the New York Post back when they reported on her filing the lawsuit. The plaintiff in this suit went after Sapporo claiming that the packaging mislead consumers into believing the beer […]

March 08

Use a Foreign Word In Your Beverage Name? Better Make Sure It’s English Equivalent Isn’t Already Trademarked and Vice Versa

If a = b, then b = a.  In math, it’s called the “symmetric property of equality.”  There’s a similar principle in trademark law called the “doctrine of equivalents.”  Foreign words have protection from their english equivalents, and english words have protection from their foreign equivalents.  It applies to words from “common, modern languages.”  Italian […]

March 01

Kona Brewing Sued For Falsely Advertising It’s Made in Hawaii

Kona Brewing prides itself on its Hawaiian origins.  Take a look at that website, even the little lizard has some kind of surfer tattoo.  Back in 2010, the brand sold to Craft Brew Alliance and according to Wikipedia, “Kona Brewing Company brands are also produced at Widmer Brothers Brewery in Portland, Oregon and Redhook Ale […]

February 28

Sazerac Sues Distiller Over Fireball Trade Dress – What Do You Think?

That picture pretty much sums up the gist of this complaint that Sazerac has filed against Caribbean Distillers (makers of Sonavavitch vodka (you’re reading that right)) for a product they are be planning on making… that’s right, it doesn’t exist yet.  But that’s not stopping the good folks who make Fireball from protecting their market […]