Category: Distilled Spirits

Toughtown Kings Convicts 28 Mile Vodka trademark lawsuit craft brewer craft distiller Illinois - Amended Complaint

Craft Distiller seeking Tough Town trademark for its hand sanitizer takes on bullish craft brewer Kings & Convicts (yes, the one involved in buying Ballast Point) claiming sanitizer mark is barred by brewer’s Toughtown craft beer mark.

Beer / Brewery / Brewing / Brewpub / Chicago / Craft Beer / Craft Distiller / Distilled Spirits / Distillery / Suits / Trademark
June 11, 2020

Apparently Teddy Roosevelt visited Highwood Illinois a century ago and called it one of...

Craft distiller wins dismissal of misleading label suit over where the whiskey was distilled and the source of the water used in proofing.

Advertising / Distilled Spirits / Distillery / Distilling / Suits
June 8, 2020

Widow Jane Distillery makes whiskey. Before 2018 some of the bottles looked like this:...

9th Circuit upholds ruling in favor of Jim Beam over lipstick trademark against Johnny Love Vodka

Advertising / Distilled Spirits / Suits / Trademark
June 3, 2020

We covered the lipstick trademark oral arguments back in January – you can read...

The @ILLiquorControl issues updated FAQ for tasting rooms, taprooms, bars, restaurants on limited operations during this phase of re-opening.

Bars / Beer / Brewery / COVID-19 Relief / Craft Beer / Distilled Spirits / Distillery / Illinois Liquor Control Commission / Retailers / Sales / Tavern / Wine
June 1, 2020

On Friday, the Illinois Liquor Control Commission issued an FAQ geared at implementing the...

Commerce Clause Challenge to wine importing laws liquor Laws residency requirement for liquor license Chicago Liquor license attorney

No rehearing for 6th Circuit out-of-state retailer alcoholic beverage shipping case. Other Federal Appellate Court Circuit cases continue.

Beer / Brewery / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distillery / Distribution / Opinions / Suits / Vineyard / Wine
May 28, 2020

There are similar suits winding their way through different District and Appellate Courts at...

Illinois allows cocktails to go illinois alcohol attorney chicago liquor attorney lawyer

New Illinois legislation allows bars and restaurants to sell cocktails to go, but for some reason, the act of drafting liquor legislation continues to be a hack-job. Do only glass containers work? What’s the work-around for brewpubs, tap rooms and distilling pubs?

Bars / Beer / Brewery / Brewing / Brewpub / Craft Beer / Delivery and Shipping / Distilled Spirits / Distillery / Distilling / Licensing and Permits / Retailers / Statutes / Tavern / Vineyard / Wine / Winemaking
May 26, 2020

The State of Illinois passed a bill expanding alcoholic beverage consumption options in its...

Aviation Gin ad subject of DISCUS code complaint and finding is a good reminder that industry advertising guidelines are sometimes at odds with inventiveness, humor, and parody… but a law or regulation would have to acknowledge those things.

Advertising / Beer / Brewery / Brewpub / Cider / Distilled Spirits / Distillery / Regulations / Wine
May 22, 2020

Codes of responsible advertising rarely make room for innovation and humor. The typical inception...

Indiana alcohol regulatory body enjoined from enforcing in-state residency requirements for packaged liquor retailer licenses. Tennessee Wine applied means some regular state arguments for statutory justification must be rejected and cannot satisfy health and safety analysis. Bonus: we’ve got the docs for you.

Beer / Brewery / Cider / Commerce Clause / Craft Beer / Distilled Spirits / Opinions / Retailers / Statutes / Suits / Wine
May 14, 2020

Upholding the rulings of Granholm and Tennessee Wine, A Federal Court in Indiana has...

breweries wineries and distilleries are having their bonding requirement eliminated in Illinois if they're under $50,000 per year in tax

TTB provides insight for tax relief and destruction of unmerchantable beer; also changes some trade practice policies for craft distillers, craft brewers, wholesalers, bars and wineries during COVID-19.

Advertising / Bars / Beer / Brewery / Brewing / Brewpub / Cider / Circulars / COVID-19 Relief / Craft Beer / Distilled Spirits / Distillery / Distilling / Distribution / Mead / Regulations / Retailers / Sales / Statutes / Tavern / Vineyard / Wholesalers / Wine / Winemaking
May 12, 2020

Through a series of FAQs regarding the processes for the destruction of beer and...

Illinois authorizes returns of wine and spirits for bars and restaurants. But act fast and don’t expect much – the guidance is limited in ways beer returns are not.

Cider / COVID-19 Relief / Distilled Spirits / Distillery / Distilling / Illinois Liquor Control Commission / Regulations / Retailers / Sales / Tavern / Vineyard / Wholesalers / Wine
April 30, 2020

In a new guidance (link to guidance) published today, the Illinois Liquor Control Commission...

6th Circuit rules in favor of 3-tier system blocking access to out-of-state liquor retailers in Michigan case looking to allow out-of-state retailers to deliver to in-state consumers where in-staters have that privilege.

Beer / Cider / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distribution / Opinions / Regulations / Retailers / Statutes / Suits / Wholesalers / Wine
April 27, 2020

In case you don’t want to read through this, the majority of the reasoning...

The 9th Circuit rules parody trumps Jack Daniel’s claims of trademark dilution and allows “Bad Spaniels” dog toy. Just because a product is commercial doesn’t mean it isn’t protected by the 1st Amendment against trademark-related claims.

Advertising / Beer / Distilled Spirits / Distillery / Distilling / Opinions / Suits / Trademark
April 17, 2020

This case follows a long line of parody grounded first amendment awesomeness with the...

Category: Distilled Spirits

Craft Distiller seeking Tough Town trademark for its hand sanitizer takes on bullish craft brewer Kings & Convicts (yes, the one involved in buying Ballast Point) claiming sanitizer mark is barred by brewer’s Toughtown craft beer mark.

Craft distiller wins dismissal of misleading label suit over where the whiskey was distilled and the source of the water used in proofing.

9th Circuit upholds ruling in favor of Jim Beam over lipstick trademark against Johnny Love Vodka

The @ILLiquorControl issues updated FAQ for tasting rooms, taprooms, bars, restaurants on limited operations during this phase of re-opening.

No rehearing for 6th Circuit out-of-state retailer alcoholic beverage shipping case. Other Federal Appellate Court Circuit cases continue.

New Illinois legislation allows bars and restaurants to sell cocktails to go, but for some reason, the act of drafting liquor legislation continues to be a hack-job. Do only glass containers work? What’s the work-around for brewpubs, tap rooms and distilling pubs?

Aviation Gin ad subject of DISCUS code complaint and finding is a good reminder that industry advertising guidelines are sometimes at odds with inventiveness, humor, and parody… but a law or regulation would have to acknowledge those things.

TTB provides insight for tax relief and destruction of unmerchantable beer; also changes some trade practice policies for craft distillers, craft brewers, wholesalers, bars and wineries during COVID-19.

Illinois authorizes returns of wine and spirits for bars and restaurants. But act fast and don’t expect much – the guidance is limited in ways beer returns are not.

6th Circuit rules in favor of 3-tier system blocking access to out-of-state liquor retailers in Michigan case looking to allow out-of-state retailers to deliver to in-state consumers where in-staters have that privilege.

The 9th Circuit rules parody trumps Jack Daniel’s claims of trademark dilution and allows “Bad Spaniels” dog toy. Just because a product is commercial doesn’t mean it isn’t protected by the 1st Amendment against trademark-related claims.

Liquor and Cannabis Law and News From @AshleyWBrandt

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