Category: Suits

Brizzy v Vizzy Seltzer Suit against Molson Coors

Judge agrees with Molson Coors – “izzy” is indicative of “fizzy” and hard seltzers using it in their names should understand there will be others using it. Brizzy can’t stop Vizzy from getting to market. (Bonus: we’ve got the docs for you (and shout out to the attorney that included our article in Molson Coors’ appendix))

Beer / Hard Seltzer / Suits / Trademark
March 26, 2020

Molson Coors has prevailed over Future Proof in Future Proofs attempt to secure a...

CT Fine Wines v Seagull Connecticut Fine Wines Reply in support of petition for certiorari

Total Wine files reply brief requesting Supreme Court hear antitrust dispute over alcoholic beverage post-and-hold, minimum pricing, and discount and rebate laws. Bonus: we’ve got the brief for you.

Beer / Distribution / Regulations / Retailers / Sales / Statutes / Suits / Wholesalers
March 19, 2020

As we’ve written before, a liquor store, Connecticut Fine Wines (the Connecticut arm of...

“Amazon of liquor” looms as 6th Circuit hears argument for important alcohol retail shipping Commerce Clause challenge. Out-of-state retailers demand the same shipping privileges as those in-state. Bonus: We’ve got the audio for you.

Beer / Cider / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Licensing and Permits / Suits / Wine
March 12, 2020

Today is Lebamoff Day at the 6th Circuit. The first of the cases currently...

Illinois brewery law Illinois winery law Illinois brewery attorney Illinois winery attorney

Religious freedom includes the right to make wine and beer. Illinois county board settles suit under Religious Land Use and Institutionalized Persons Act allowing a Catholic organization a brewery and winery. Court lambastes objectors’ religious animus.

Beer / Brewery / Brewing / Craft Beer / Statutes / Suits / Vineyard / Wine
March 11, 2020

Here are the facts from the court’s order. The Plaintiff Fraternité Notre Dame, Inc....

franchise alcohol distribution law truck for delivery of spirits

In bad result for alcohol wholesalers, Delaware spirits distributor loses argument that franchise law created enforceable exclusive distribution contract where alcohol was purchased on invoice and no oral or written agreement set a quantity of goods to be purchased.

Beer / Brewery / Cider / Craft Beer / Distilled Spirits / Distillery / Distribution / Distribution Agreements / Opinions / Regulations / Suits / Vineyard / Wholesalers / Wine
March 10, 2020

Following a trial over claims of an alleged exclusive oral distribution agreement under Delaware’s...

All things equal - tie-breaker process in illinois dispensary licensing

Court finds alleging an inability to sell property located next to cannabis growing operation is a sufficiently stated injury to allow RICO suit by neighbor against marijuana farm to proceed.

Cannabis / Cultivators / Suits
March 9, 2020

In another case about the lowered property value and references to the smell from...

Connecticut AG and liquor industry and distributor amici ask SCOTUS not to grant cert in alcohol pricing antitrust case. Bonus: we’ve got the briefs for you.

Beer / Cider / Craft Beer / Distilled Spirits / Distribution / Sales / Statutes / Suits / Wine
March 5, 2020

In December we reported that Total Wine had filed its Petition for Certiorari in...

Illinois out-of-state retailer suit takes surreal ethical turn as Illinois AG files brief to bar plaintiffs’ proposed expert for being involved on the defense side of the case when previously working for the Illinois Liquor Control Commission.

Delivery and Shipping / Direct Shipping / Illinois Liquor Control Commission / Retailers / Sales / Suits
March 4, 2020

In what must be a truly absurdist moment for the Illinois Attorney General’s office...

Online wine sellers face suit in Mississippi as State Supreme Court rules out-of-state alcohol retailers selling to in-state purchasers are subject to personal jurisdiction. Now the real case starts (if they don’t settle).

Beer / Cider / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Opinions / Regulations / Retailers / Sales / Suits / Wine
March 3, 2020

In a blow to those retailers looking to sell alcohol direct to online purchasers...

Briefing completed in 8th Circuit case about out-of-state retailers shipping alcoholic beverages direct to in-state consumers [Missouri]. Mirrors ongoing challenges in 7th and 6th Circuits. Bonus: we’ve got the briefs for you.

Beer / Brewery / Brewing / Brewpub / Cider / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distillery / Distilling / Licensing and Permits / Retailers / Sales / Suits / Vineyard / Wholesalers / Wine / Winemaking
February 25, 2020

We’ve yet to see any compelling arguments from States looking to protect their in-state...

District court rejects cannabis brand’s “prior use” defense against trademark infringement where “marijuana remains illegal for all purposes under federal law.”

Advertising / Cannabis / Craft Growers / Cultivators / Dispensaries / Illinois Cannabis / Infusers / Marijuana / Suits / Trademark
February 24, 2020

First in time rights under trademark law are serious business and a prior use...

Whiskey barrel leaky whiskey barrel chicago liquor license attorney illinois distiller permit attorney lawsuit over leaky whiskey barrel

In suits over leaky whiskey barrels, expect claims for the barrels and the lost spirits. Bonus: we’ve got the docs and you may find the prices of new oak barrels and example specifications instructive in ordering your own barrels.

Barrels / Brewing / Craft Beer / Distilled Spirits / Distillery / Distilling / Suits / Winemaking
February 21, 2020

Here’s a complaint that MGPI of Indiana (MGP to most of us) filed a...

Category: Suits

Total Wine files reply brief requesting Supreme Court hear antitrust dispute over alcoholic beverage post-and-hold, minimum pricing, and discount and rebate laws. Bonus: we’ve got the brief for you.

“Amazon of liquor” looms as 6th Circuit hears argument for important alcohol retail shipping Commerce Clause challenge. Out-of-state retailers demand the same shipping privileges as those in-state. Bonus: We’ve got the audio for you.

Religious freedom includes the right to make wine and beer. Illinois county board settles suit under Religious Land Use and Institutionalized Persons Act allowing a Catholic organization a brewery and winery. Court lambastes objectors’ religious animus.

In bad result for alcohol wholesalers, Delaware spirits distributor loses argument that franchise law created enforceable exclusive distribution contract where alcohol was purchased on invoice and no oral or written agreement set a quantity of goods to be purchased.

Court finds alleging an inability to sell property located next to cannabis growing operation is a sufficiently stated injury to allow RICO suit by neighbor against marijuana farm to proceed.

Connecticut AG and liquor industry and distributor amici ask SCOTUS not to grant cert in alcohol pricing antitrust case. Bonus: we’ve got the briefs for you.

Illinois out-of-state retailer suit takes surreal ethical turn as Illinois AG files brief to bar plaintiffs’ proposed expert for being involved on the defense side of the case when previously working for the Illinois Liquor Control Commission.

Online wine sellers face suit in Mississippi as State Supreme Court rules out-of-state alcohol retailers selling to in-state purchasers are subject to personal jurisdiction. Now the real case starts (if they don’t settle).

Briefing completed in 8th Circuit case about out-of-state retailers shipping alcoholic beverages direct to in-state consumers [Missouri]. Mirrors ongoing challenges in 7th and 6th Circuits. Bonus: we’ve got the briefs for you.

District court rejects cannabis brand’s “prior use” defense against trademark infringement where “marijuana remains illegal for all purposes under federal law.”

In suits over leaky whiskey barrels, expect claims for the barrels and the lost spirits. Bonus: we’ve got the docs and you may find the prices of new oak barrels and example specifications instructive in ordering your own barrels.

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