A guest post from Gary Nicholas of Nicholas Brewing Projects The Tax Cuts & Jobs Act of 2017 affects federal excise taxes (FET) and includes other provisions involving alcoholic beverages. According to the Craft Beverage Modernization & Tax Reform Act (CBMTRA) — a bill introduced into both the U.S. House of Representatives and the U.S. […]
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As a law firm based in Minneapolis, we’re looking forward to having the Super Bowl in town this year. As we get closer to the game, our brewery and distillery clients have been asking us about advertising for the Super Bowl. Generally, breweries, bars, distilleries, restaurants, etc. have to be careful about referring specifically […]
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In 2015 and 2016, AB InBev offered an “incentive program” for distributors. Generally, beer distributors are contractually required to spend a certain amount to advertise AB InBev beers each year. Under its incentive program, AB InBev offered to refund seventy-five percent (75%) of these marketing funds if AB InBev beers made up ninety-eight percent (98%) […]
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Most state laws concerning beer distribution allow for termination of a distribution contract only for “good cause.” It sounds reasonable, but many statutes define “good cause” in a way that makes terminating a beer distributor – even a poorly performing distributor – very difficult and very expensive. New York and California, however, have beer […]
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According to the Supreme Court Ruling on Trademark Law, It Doesn’t Matter! In June 2017 the U.S. Supreme Court issued a ruling that prohibits the U.S. Patent and Trademark Office (PTO) in certain situations from rejecting potentially offensive trademark requests based on the grounds that it may be potentially disparaging. One issue that the court […]
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Last week, a judge ruled in favor of a former bartender from Surly Brewing Co., who filed suit against the brewery on behalf of over 100 current and former bartenders and wait staff who have worked at Surly starting in 2014. The lawsuit claimed that Surly violated Minnesota law by requiring servers and bartenders to […]
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Fair State Brewing Cooperative throws an annual party celebrating wild, sour, and mixed fermentation beers entitled “Mixed Culture,” a name they wanted to make sure was protected. Thus a trademark application was filed with the Patent and Trademark Office (PTO). The PTO, however, initially responded that the mark was “merely descriptive.” In response to the […]
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Starting a brewery takes passion, bravery, a solid business plan, and plenty of capital. Don’t forget about familiarizing yourself with the local regulatory environment and zoning laws. Amidst all the stress and excitement — and paperwork — of opening a brewery, one thing you may forget to consider is making friends with your neighbors. We’re […]
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If you’ve read Thomas Pynchon’s Inherent Vice or seen the Paul Thomas Anderson film based on the novel, you know a little bit about vertical integration. In the novel, the Golden Fang – a shady conglomerate – imports and sells heroin to users, operates a massive dental operation to help heroin and other drug addicts […]
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The Brewers Association (BA), a trade association representing small and independent craft brewers, released data on March 28, 2017 on the growth of craft brewing in the U.S. There were over 5,300 breweries operating during the year. For some perspective, that means there are nearly as many craft breweries in the U.S. as there are […]
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