craft beer attorney

It’s Kind of Their Thing

Anheuser Busch is doing that thing Anheuser Busch does. This time in South Carolina. It’s what they recently did in Florida. Here, they had some politicians that were either willing to do their bidding or were willing to accept vague and unsupported assertions as fact without asking any logical follow-up questions. In South Carolina, they’ve got their lawyer-lobbyists doing the same.

ABInBev’s attorneys wrote a short letter to South Carolina Senators asking that they “please non-concur”  with house amendments to the bill that was drafted to help open up the craft beer industry in South Carolina and perhaps provide incentive to Stone Brewing to bring jobs and money to South Carolina. Read that letter here: (as posted by Wesley Donehue and BeerOfSC) http://www.scribd.com/doc/224630184/Stone-Bill.

The attorneys begin by noting that “the manner in which the law would be changed would be detrimental to the current three tier system for alcohol distribution.” It is […]

By |May 19th, 2014|Blog|0 Comments

A Letter to the Senator

I emailed Senator Stargel today after reading her opinion piece that appeared in a number of Florida publications:

Senator Stargel,

I read your opinion piece on SB 1714 this morning and wanted to reach out in response. I certainly appreciate your opinion and the fact that you took the time to attempt to clarify certain information making its way around the media and internet right now. I also appreciate that you have worked hard on this bill and have made efforts to find a compromise. I don’t believe any compromise was ever necessary because I don’t believe there ever should have been any such legislation that would add more regulations to Florida’s beer industry. I would like to go through your piece and reply to your arguments.

 

STARGEL: It’s clear the three-tier system, purposefully instituted after Prohibition, must be preserved to prevent: predatory practices that would eliminate competition, opaque or illicit distribution channels, […]

By |April 29th, 2014|Blog|2 Comments

Come-To-Rest Exception

Florida likes to collect taxes. They want to ensure they get all of them. That’s not a Florida thing. Every government wants what they perceive to be theirs and every government wants to collect revenues.  Florida ranks in the top 10 in the United States in state excise tax rates on beer.  But a funny thing happened on the way to the bank: The Florida Senate’s Committee on Regulated Industries (chaired by Senator Kelli Stargel) introduced a bill that would remove one of the very requirements that purportedly exists to control and monitor that tax revenue. That requirement is the come-to-rest requirement (proper record keeping and thus proper tax collection is easier to verify with checks and balances).

On Tuesday, Senator Jack Latvala exposed Kelli Stargel’s lack of any true understanding of SB 1714 and, with time short in the committee meeting, he clearly felt […]

By |April 10th, 2014|Blog|3 Comments

Komlossy Law, P.A.’s Ross Appel was Featured in Two Recent Articles About Craft Beer Trademarks

Please click on the following links to read recent articles in which Ross was consulted regarding craft beer trademark issues.

As the Craft-Beer Industry Grows, So Does the Battle for Branding – Ross discussed, with David Minsky of the Broward/Palm Beach New Times, the need for trademark owners to use their mark in commerce and to police their rights. He also talked about the prevalence of cease-and-desist letters in the brewing industry and touched upon geographically descriptive trademarks.

Trademark dispute brewing over use of ‘Nitro’ – Ross talked with Eric Gorski of the Denver Post about Left Hand Brewing Company’s attempt to trademark the term “Nitro” as it applies to beer and what a federally registered trademark for NITRO would empower and obligate Left Hand to do.

By |March 20th, 2014|News|0 Comments