Watch out – Court holds craft producers can be sued in foreign jurisdictions where they don’t sell just by linking to other websites that sell their products there

Craft producers from breweries and distilleries to cheese and sausage makers should sit up and take notice of this recent opinion out of the Western District of Michigan.  The case involves a run of the mill trademark dispute between Mor-Dall Enterprises (the company behind Dark Horse Brewing out in Marshall, MI) and Dark Horse Distillery […]

Court Upholds Brewer’s Contractual Language Reserving The Right To Choose Which Products A Distributor Receives

A Federal District Court in Pennsylvania recently denied a distributor’s motion to reconsider the Court’s finding upholding the terms of a distribution agreement with Millercoors.  The original decision dismissing the distributor’s suit came at the end of October and found that the distributor didn’t have a right to sue Millercoors claiming that Millercoors’ failure to […]

Indiana Won’t Let You Buy Cold Beer In Grocery Stores… But A Challenge To That Law Could Be Decided As Soon As Early 2014

Just a quick update and some new information on the battle by grocery stores and convenience marts in Indiana to be able to sell cold beer (yes, they really can’t do that in Indiana).  For a little more information, you can read my earlier post on the challenge that the grocers and convenience stores are […]

Cerveza Fria? Zimne Piwo? Grocery Stores challenge Indiana’s restrictions on selling cold beer.

Indiana has a law limiting the sale of cold beer.  Under Indiana Code 7.1-5-10-11, certain permitees allowed to sell beer cannot sell cold beer: Sec. 11. Sale of Cold Beer Prohibited. It is unlawful for the holder of a beer dealer’s permit to offer or display for sale, or sell, barter, exchange or give away […]

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 […]

Whiskey Distillers Sued Over “Whiskey Fungus”

There’s a great article over at Food Manufacturing about a suit filed on Wednesday against Heaven Hill Distilleries, Diageo America’s Supply and Brown-Forman by a group of Kentucky residents who claim that whiskey fungus – Baudoinia Compniacensis – caused by the defendants’ distillery operations is damaging their property and diminishing its value. We’ve obtained a […]