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Tag: wine
6th Circuit fight over right to sell wine and liquor in Kentucky grocery and convenience stores continues
Last year, in what was a wonderful turn of events for those who support a rational and reasoned approach to alcohol regulation, a district court in Kentucky held that state’s regulations prohibiting wine and liquor sales at grocery and convenience stores unconstitutional. We wrote about the opinion and decision here. The state appealed and a […]
You Could Be Liable if Your Employee Improperly Cleans Up After a Spill in a Grocery Store
The Fourth Circuit reversed a trial judge’s decision to let a wine distributor off the hook for liability in a slip fall. The opinion can be found here. It is notable because it’s a fact patter that is fairly common and provides some discussion topics for employees who may find themselves in a similar situation, […]
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 […]
Wineries Get Guidance on Water Agreements From a Recent California Opinion
Access to water is a paramount need in running a winery (or any beverage business for that matter). That water might come from a source on your land, or might be the subject of various agreements or arrangements between you and another owner. Whatever the case, if you find yourself drafting a water and drainage […]
Will Illinois Let Wineries, Craft Brewers, and Distillers Sell At Farmers’ Markets?
Illinois Senate Bill 3456 should be called the “farmers’ market license law”. This is a bill, with the Second Senate Amendment, that would augment the “special use permit license” definitions under the Illinois Liquor Control Act to allow Illinois licensed retailers to take some of their stock and go sell it at special events like […]
Winsconsin State Assembly Set to Rule on Hombrewer’s Rights
A fine homebrewing setup.It’s a different kind of Super Tuesday in Wisconsin today as the State Legislature is considering Senate Bill 395, which amends the Wisconsin Homebrew laws to allow homebrewers an express right to transport their brews for “contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade wine […]
A Must Read for Those Exporting to Missouri – 8th Circuit Rules Law Protecting Wholesalers Not Applicable Where Requirements Not Met
In an informative opinion for anyone shipping their product to Missouri for distribution by a wholesaler, the 8th Circuit Court of Appeals has rejected a wholesaler’s attempt to avail itself of the Missouri franchise protection statutes for that second tier of the three-tier system based on the fact that the parties didn’t actually create a franchise agreement that would allow for the protections because the wholesaler didn’t get a trademark license with its distribution agreement.
Anyone wanting to avoid the protectionist statutes that would keep you from changing distributors in Missouri will want to be familiar with this opinion as a way to possibly avoid Section 407.413 of the Missouri Revised Statutes which has provisions that would, like many states, protect the wholesaler unless the amorphous “good cause” can be shown. Two important provisions of this section read as follows:
2. Notwithstanding the terms, provisions and conditions of any franchise, no supplier shall unilaterally terminate or refuse to continue or change substantially the condition of any franchise with the wholesaler unless the supplier has first established good cause for such termination, noncontinuance or change.
3. Any wholesaler may bring an action in a court of competent jurisdiction against a supplier for violation of any of the provisions of this section and may recover damages sustained by such wholesaler together with the costs of the action and reasonable attorney’s fees.
