A Real Lesson In The Result of a Battle Between Unregistered Trademarks – Having to Disgorge Your Profits

The merits of a spiced autumn harvest wine weren’t up for debate in a recent Wisconsin case,  C&N Corp. d/b/a Door County Winery v. Illinois River Winery.  Just the issue of which one of these Illinois/Wisconsin wineries had the better claim to sell theirs by the name Hallowine and whether priority rights in an unregistered […]

Check The Invoices or Purchase Orders You Receive to Make Sure They Don’t Create a Contract With Terms You Don’t Want

In some circles this topic is called the battle of the forms. The ordering that takes place between a brewer, distiller, wholesaler or a vintner and the suppliers that provide things like bottles, corks, caps, ingredients, gas, even office supplies, isn’t always done under a written contract where the parties set out their agreement and […]

Growlers At Gas Stations – Some States Miss A Valuable Revenue Stream Based On Antiquated and Avoidable Worries

The Craft Beer Exchange happens to be one of the best kept non-secrets that Sunoco patrons in New York and South Carolina benefit from.  Sunoco’s foray into the world of craft beer through the Craft Beer Exchange isn’t just a brilliant marketing ploy.  The Craft Beer Exchange increases the sales of taxable product throughout the […]

Wine Distributor Found Liable for Conversion of Funds After Failing to Pay the Producer

There are some interesting lessons in a recently decided wine producer/distributor dispute.  The plaintiff, Delegat’s Wine Estate Limited an New Zealand wine producer, sued American Wine Distributors, Inc., – a California based wine distributor for payment “for Delegat’s wine sold to customers in the United States in or around fourth quarter 2007”.  The amount the […]