Category Archives: Statutes

March 24

Craft Brewers Need to Watch This Texas Dispute Over Getting Money From Wholesalers For Selling Distribution Rights – State Files Opening Brief in Appeal of Challenge to Texas Brewer’s Ability to Sell Their Distribution Rights for Payment

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 […]

March 21

Using A Photograph in Advertising or On Your Label? Better Make Sure You Have Rights From the Photographer AND the People In It. Natty Light Sued In Lawsuit Over Using Photograph From Social Media Contest.

Ensure that you get the proper releases if you’re using a photograph with human subjects.  Whether on your label or in your advertising – if you’ve gathered photographs from a festival or from fans through a social media campaign you need clearance.  That means a release from the artist – he photographer – as well […]

February 14

Final Briefs Filed as Craft Brewers’ Fight to Terminate Distribution Agreements in Ohio Rolls On

When last we wrote about the ongoing attempts by Great Lakes Brewing and Boston Beer Company to terminate their distribution arrangements with Souther Glazer’s in Ohio, Great Lakes had just filed its appellate brief looking to overturn the order that the District Court entered forcing it to keep selling to Southern Glazer’s.  The beauty of […]

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.

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 […]

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 […]

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 […]

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 […]