Category Archives: Statutes

beer-truck 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 […]

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 […]

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 […]

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 […]

commerce-review December 21

Sell Food & Drinks Online? – Better Check Your Terms of Service as Consumer Review Fairness Act Becomes Law

If you sell products online, chances are you’ve got terms of service that you’ve probably put in place and completely forgotten.  But just in time for the New Year, the ever-evolving world of e-commerce and consumer rights is asking you dust them off and ensure you’re not in violation of a new Federal Protection for […]

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, […]