Category Archives: Labeling

here-comes-trouble February 15

Frivolous Lawsuit Against Walmart Alleges Private Label / Contract Beer Made at Larger Facility Can’t Be Craft

In what’s certain to raise the ire of many private labelers and contract brewers around the country who benefit from the expertise, skill, and equipment available at commercial breweries Walmart has been tagged with a private labeling “crafty” suit in Ohio.  The complaint (you can read it here) alleges that Walmart has a hand in […]

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 […]

distillery-barrels January 17

Bourbon Distillers File Motion to Dismiss Deceptive Advertising and Labelling Lawsuit Over 8-Year vs. 8-Season Aging Row

How many whiskey brands advertise on their labeling with numbers that indicate the seasons the product was aged and not the years?  At least one.  Previously, Food and Beverage Legal . News covered a dispute over false advertising and misleading labeling allegations brought as a class action by a purchaser of Old Charter arguing that […]

absinthe-poster January 12

Is Your Label Protected? Label Art Copyright Can Provide Some Added Protection Where Trademark Might Fail

Château Mouton Rothschild exemplifies the trend of label “as” art, perhaps even to the point of rendering itself a unique example of label = art through the use of the most “celebrated artists of their day” on its wine labels.  Many companies traditionally understand that trademark law affords them an exceptional tool in protecting their […]

You Should Be Paid For Your Self-Distribution Rights – and Texas Agrees!

In 2013, distributors lobbied and won a concession as part of a generally positive group of reforms supporting the craft brewing industry in Texas.  The provision they slipped into the 2013 amendments to Texas craft brewing laws prohibited brewers from getting value for their self-distribution rights.  The entirety of sales driven profits, the law said, […]

What should wineries, craft brewers, and distillers know about advertising and labeling involving athletes and sports?

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Alcohol manufacturer sued for injuries allegedly involving additives in beverages not afforded coverage under liquor liability exclusion to insurance policy

A recent 7th Circuit opinion has highlighted an issue relevant to any manufacturer adding caffeine or other stimulants or its beverages.  The case of Netherlands Ins. Co. v. Phusion Projects, Inc., involved the appeal of a lower court decision holding that the insurance companies that granted general commercial insurance coverage to Phusion Projects, the makers […]

You Need an Approved COLA Before You Have a Valid Trademark?

I’d say it goes without saying, but the recent expansion of wineries, breweries and distilleries and the coinciding increase in trademark disputes is evincing a contrary trend, so I guess I’ll say it, you need label approval (or recognized exemption) to have lawful sales that can count as your first use in commerce. And a […]