Category Archives: Suits

i-agree-picture February 20

A Few Ways to Better Ensure Your Electronic Contracts and Online Agreements Are Enforceable

A recent 3rd Circuit case, ADP v. Lynch, upheld non-compete and non-solicitation restrictive covenants in an online agreement that employees had confirmed when they electronically accepted offers of stock as part of an incentive program.  The process for agreeing to the electronic contract is somewhat discernible from the opinion, the employees, presented with the online […]

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 […]

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 […]

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 […]

happy-hour-sign January 25

A Win for Rational Thought In Alcohol Advertising – 8th Circuit Asks District Court to Consider Whether There’s A Correlation Between Alcohol Advertising Regulations and Their Intended Objectives In Order to Satisfy First Amendment Scrutiny

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 […]

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 […]

stout January 04

Court Issues Instructive Trademark Decision as Brooklyn Brewery Wins Injunction Against Black Ops Brewing Over “Black Ops” Trademark Row

Not every beverage you make will become a brand in itself.  Often, nothing you make will become more famous than your company name.  But for some reason stouts aged in bourbon barrels are notorious for having their names get the shorthand treatment and become famous – Bourbon County, Dark Lord, Dragon’s Milk, even to initials […]

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, […]