Category Archives: Craft Beer

May 11

Dissent In Texas Three-Tier Case Contains Powerful Indictment Of Strict Enforcement Of Cross-Tier Ownership

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 04

Oral Argument Audio Available in Craft Brewers’ Franchise Dispute Over Distribution Termination In Ohio

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 […]

April 28

Will Lee v. Tam End The TTB’s Censorship of Beer Wine and Spirits Labels Found Obscene or Indecent?

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 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

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 […]

March 30

Online Wine Retailer Wins Case Against False Claims Assertions Over Failure to Collect Local Taxes For Sales

In a recent win for online wine retailers (not wineries selling direct), the Illinois appellate court has upheld the dismissal of an action against online wine retailer Winetasting.com alleging it violated Illinois’ False Claims Act (740 ILCS 175) in failing to collect and pay the local retailer’s occupation tax for the municipality where the wine […]

March 29

Example Agreements: Spirits Manufacturing Agreement (Licensing) – Contract Distilling With Enhanced “Flash” Aging

This recent dispute between a distiller and a company looking to contract manufacture a whiskey called Rattleback Rye has resulted in an opinion from a federal district court in South Carolina denying a motion to dismiss based on breach of contract grounds against both the company and its principals, but granting dismissal of claims for […]

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 […]