Category Archives: Distilling

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 […]

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 […]

alcohol-advertising January 20

Oral Argument Video of Challenge to Alcohol Advertising Tied-House Regulations at 9th Circuit

As we said we would yesterday, here is the video of the oral argument that happened yesterday in Retail Digital Network, LLC, v. Director of Alcoholic Control Board, Applesmith (link is to our post from yesterday describing the case and why it is important to advertisers and brewers, vintners, and distillers.

alcohol-advertising January 19

Tied-House Challenge To Allow Alcohol Advertising Payments to Retailers Has Oral Argument In Front of En Banc 9th Circuit – Here’s a Live Link!

Officially, you can view 9th Circuit oral arguments here the day after they occur.  But that’s really not good enough, is it.  So here is a Youtube Link to be able to watch the Courtroom Session as it occurs.  The arguments are set for 1:00 p.m. Pacific Time today. In case you’ve had your head […]

wine-beer-retail January 18

Is it really a “tied-house” if your alcoholic beverage category isn’t sold by the retailer?

In a recent and interesting challenge to the three-tiered system’s prohibition on “tied-houses” a winery owner looking to maintain an interest in some Iowa convenience stores made an interesting argument:  since the convenience stores only sold beer and not wine, the mutual ownership didn’t violate the Iowa prohibition on tied-houses. Iowa, like most states has […]

alcohol-money January 16

Brewers, Vintners, and Distillers Get Your Money Back! (or hold on to it longer) – Federal Bond Requirements and Tax Payment Timing Changed for Small Breweries, Wineries, and Distilleries

The TTB’s new temporary rule, T.D. TTB-146 removes the bond requirements for breweries, wineries and distilleries that don’t pay more than $50,000 in excise taxes within the calendar year and that didn’t pay more than $50,000 in the prior calendar year.  If your winery, distillery, or brewery fits, the bill, you can amend your notice/registration […]

beer-distribution-agreement January 09

Brewers Seek Distributor Termination in Ohio Lawsuit That Could Result in Important Legal Interpretation Regarding Beer Distribution Agreements and Franchise Laws

There are a few interesting cases winding their way through the courts in 2017 that will have a large impact on trade practice laws and issues related to the three-tiered system.  One in particular is getting briefed for argument at the 6th Circuit Court of Appeals. Great Lakes and Boston Beer are involved in a […]