Tag Archives: Lawyer

TTB Circular 2013-1 applies winery, distilled spirit, and malt beverage advertising rules to every form of social media

The U.S. Tax and Trade Bureau released TTB Circular 2013-1, on May 13, 2013.  The circular is a welcome clarification that the TTB considers social media to be advertising and that the advertising is governed by already existing FAA Act rules and implementing regulations in the CFR. Addressed to the “Proprietors of Bonded Wineries, Bonded […]

Michigan Brewing Company Auction Set for Tomorrow

I had my first High Seas IPA at DTW and thought it was gloriously refreshing.  So, I’m disappointed to learn that the assets that had a hand in creating it will be auctioned off tomorrow.  For those of you looking for more information about this turn of events, the Lansing State Journal has an in […]

Forum Selection Clauses in Agreements Governed by the Beer Industry Fair Dealing Act – A Specific Example

The helicopters are hovering over Chicago today, a mob of people is moving down the street chanting, and while I’d like to think it’s in anticipation of Chicago’s Craft Beer Week, I’m pretty sure it’s got more to do with our Beer Industry Fair Dealing Act Thursday. This week’s edition examines a case that found […]

Recent Opinion About Abandonment and Termination Of a Vineyard Lease

This recent unpublished opinion from California’s Fifth Appellate District is interesting for tenant grape growers and their landlords who may want to terminate a lease.  In Pyle v. Moles, et al., the court was faced with an appeal by a landlord who had rented 118 acres of grape vineyards to a tenant and lost a […]

Design Elements Creating Distinctive Packaging Can Be Protected

In a win for beverage producers and their creative design teams, the Sixth Circuit ruled yesterday that the Maker’s Mark red dripping-wax seal is an extremely strong trademark that deserves protection. Freeborn & Peters’ own David Ter Molen (who runs the wonderful Food Identity Blog) was quoted in today’s edition of Inside Counsel regarding the […]

Update on Beer Industry Fair Dealing Act Amendment – Senate Bill 3399

Those of you brewing may want to check your records and ask your distributor what percentage of their volume or gross receipts you represent to find out if this will impact you. Since we last wrote about Senate Bill 3399, there’s been quite a bit of activity.  As introduced, the bill sought to lower the […]

Is Contaminated Alcohol Sincerely A Reason to Regulate?

We’re interrupting this Beer Industry Fair Dealing Act Thursday to bring you something better. Some recent comments about homebrewing, alcohol regulation and the notion that one of the justifications for alcoholic beverage oversight is the danger posed by potentially contaminated products have little support.  The standard thought about this industry’s regulation is that it’s the […]

Brewing or Distilling Internationally Could Make More Sense Than Exporting – But You Still Need A Good Contract

The international market for beer, wine and liquor is impressive and worth looking into.  If you’re really planning on exporting larger quantities internationally for a considerable profit, why not save on the transportation costs, increase the shelf life, and not worry about how your glass bottles or crushable aluminum cans are going to hold up […]