The latest turn in a decades long fight over control of the Havana Club trademark for rum came from the Capitol this week. Congressional leaders from Florida (home of Bacardi’s U.S. headquarters) have sent a letter to the new administration asking for the repeal of an Obama administration decision to allow Cubaexport, the Cuban company […]
Category Archives: Distillery
March
31
Havana Club Dispute Back In The Spotlight After Congressional Reps Ask For Administration To Undo Predecessor’s Ruling
posted by Ashley Brandt
March
30
Online Wine Retailer Wins Case Against False Claims Assertions Over Failure to Collect Local Taxes For Sales
posted by Ashley Brandt
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
posted by Ashley Brandt
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
28
Anheuser Wins Again Pursuing Claims Against Ex-Employee Associated With Alcohol Content False Advertising Suits
posted by Ashley Brandt
In case you don’t remember, back in 2013 we shed some light on a series of class action lawsuits that were filed against Anheuser (AB InBev) alleging that water was added to beer to produce an alcohol content lower than what was stated on the labels. The claims of the initial lawsuits quickly shrunk from […]
March
15
Example Agreements: Licensing Your Brand To Create Chackies For Your Distributors and Customers
posted by Ashley Brandt
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
posted by Ashley Brandt
“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 […]
February
28
Sazerac Sues Distiller Over Fireball Trade Dress – What Do You Think?
posted by Ashley Brandt
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 […]
February
24
The Public’s View of “Double Barreled” May Decide Trademark Dispute Between Bourbon Makers
posted by Ashley Brandt
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 […]
