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 […]
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 […]
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 […]
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 […]
The TTB has proposed and is seeking public comment on modifications to the definition and treatment of Hard Cider through temporary rule, T.D. TTB–147, based on requirements set out in the PATH Act. You can find the full Notice of Proposed Rulemaking here. You can read the Temporary Rule here. The summary from the Temporary […]
It’s not just that some 20th Century laws are not equipped to handle 21st Century problems. (I read that in a Google ad a while back and still think it is a great statement.) Its that since the time when many of the problems asserted in the alcohol industry were the subject of “tied-house” and […]
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.
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 […]