craft brewery

More Breweries Do Not Result in More Drunk Driving Fatalities

If anything, statistics demonstrate an inverse relationship between craft breweries and drunk driving fatalities. Vermont, for example, ranks #1 in the country in capita/craft brewery but ranks 21st in capita/DUI fatality. Oregon ranks #2 in capita/craft brewery but ranks #42 in capita/DUI fatality. Of the top 15 states in capita/craft brewery, only 3 are also ranked in the top 15 in capita/DUI fatality.

These stats cannot tell the whole story, but it does provide some context and a trend. Certain downfalls include the fact that this uses the number of craft breweries rather than the production of beer and that there will be people who are driving under the influence who do not kill (or injure) people. The claim that a change in distribution laws would lead to over-consumption and thus increased DUI deaths and other health issues, like the claim made during the past Florida legislative session, simply cannot withstand […]

By |August 28th, 2014|Blog|0 Comments

Should Florida Breweries Be Selling to Fellow Breweries?

Breweries are no longer sparsely scattered throughout the state. We are seeing concentrations of breweries flourishing in the Tampa/Saint Petersburg area, Jacksonville, Fort Myers, neighborhoods in Miami and soon Tallahassee. As the number of breweries in Florida grows and areas become more concentrated with breweries, those breweries may consider selling their beer directly to one another, rather than using a distributor for such sales.

Florida Statute §561.42(1) focuses on the tied house evil and prevents integration between the tiers. Florida Statute §561.22 performs a similar function as it prohibits the licensing of a manufacturer or distributor as a vendor and vice versa. Meanwhile, Florida Statute §561.14, in its description of license and registration classifications, notes that manufacturers are “licensed to manufacture alcoholic beverages and distribute the same at wholesale to licensed distributors and to no one else within the state, unless authorized by statute.”

The statute that authorizes manufacturers to distribute to […]

By |August 26th, 2014|Blog|0 Comments

Check out Ross’ Latest Publication on the Craft Beer Industry and Trademark Law – Worry Wort: A Path to Acquiring Trademark Rights in the Craft Brewing Industry

Check out Ross’ latest article, titled: Worry Wort: A Path to Acquiring Trademark Rights in the Craft Brewing Industry. It appears in Volume XXIV, Book 4 of the Fordham Intellectual Property, Media & Entertainment Law Journal.

http://iplj.net/blog/wp-content/uploads/2014/07/C04_Appel_R1.pdf

The article discusses the manner in which trademark law functions, focusing upon the statutory definition of “use in commerce” and related case law developments. It examines the legal framework as it applies in the craft beer context and analyzes an illustrative legal dispute and considers the effect in time, money and frustration that trademark disputes can have on small craft brewery owners.  It also analyzes the early life-cycle of two upstart brewers to demonstrate that rights in a mark must accrue, in certain circumstances, prior to any sales activity.  It further examines the manner in which rights in a mark are acquired in the pharmaceutical industry, where the time from development to marketing launch […]

By |July 15th, 2014|Blog, News|0 Comments

SB 1714 Update – A Total Farce

UPDATE: I mentioned in the last update that this process should have been much easier given that Florida’s brewers are looking for simple, common sense, measures to be taken. Those would be legalization of the 64 ounce growler and malt beverage tastings conducted by brewers.  Senator Gibson filed a delete all, discussed further below, that would return any debate back to the simplicity necessary and simply allow 64 ounce containers and beer tastings. Senator Thrasher did not want Gibson bringing what was essentially old business (bills stuck in Committee). Her amendment was withdrawn. Simplicity and common sense did not rule the day.

Senator Stargel filed an amendment on Sunday night that would keep unnecessary restrictions but simply ease those restrictions. It would:

  • Allow a brewery to have one vendors license on each brewery premises.
  • Allow sales for off premises consumption in sealed containers over 2,000 kegs so long as it does not top 20% […]
By |April 28th, 2014|Blog|0 Comments

Trademark Series: The Doctrine of Foreign Equivalents

From time to time, we run into proposed trademarks that are in another language. This generally starts a conversation about the doctrine of foreign equivalents. The doctrine of foreign equivalents requires that foreign words be translated into English to determine if there is a likelihood of consumer confusion with a mark already registered or to determine if the applied-for mark is descriptive or generic. When applicants apply for a mark in a different language, they are expected to provide the translation of the mark or else the examining attorney will seek the relevance of the applied-for mark.

There is often question about when the doctrine is applied.  It’s applied when the “ordinary American purchaser” would “stop and translate” the foreign wording in a mark. That isn’t terribly helpful on its own.  It has been clarified that the “ordinary American purchaser” isn’t the average American, but rather is […]

By |April 18th, 2014|Blog|0 Comments

Proposed Amendments to SB 1714 (updated)

Proposed Amendments

The Committee Substitute to SB 1714 in on the Rules Committee’s agenda for this Monday, April 21 at 1 p.m.  Updates on  proposed amendments to the bill will be provided here:

Senator Andy Gardiner (Brevard and Orange counties) filed a delete all on Thursday that seemed to seek a compromise on an already unnecessarily proposed restriction. It would do the following:

  • Allow breweries that brew no more than 2,000 kegs (15.5 gallons) per year to sell beer brewed on premises in bottles/cans without going through a distributor.
  • Allow a brewery that holds a quota license (if that quota license was owned on or before March 1, 2014)  to sell, for off-premises consumption, all malt beverages brewed off premises (sold in sealed containers, not growlers). The quota license would not be allowed to be moved. Beer sold under this provision that is […]
By |April 18th, 2014|Blog|0 Comments

Flawed Logic

A couple more articles were published today regarding the beer legislation in Florida’s Senate. One of the articles is from Michigan. While there are people learning and writing about the ridiculous nature of the legislation in other markets, it still seems that some of those in the Senate still don’t truly understand the relevant context of the legislation.

According to one article, Senator Kelli Stargel, the sponsor of SB 1714, said the craft industry has thrived under the exception originally created to allow Busch Gardens to sell its beer directly to consumers. The thriving craft beer industry means more taxes collected by the State of Florida. More importantly, the exception was created to promote tourism, not to promote only Busch Gardens. The exception never specifies theme parks or theme parks developed by Anheuser-Busch. There is a reason for that. Tourism is good for Florida and its economy whether […]

By |April 15th, 2014|Blog|0 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

Amendments to SB 1714 (update)

I mentioned on Twitter (https://twitter.com/KomlossyLaw) this past weekend that the deadline for amendments, including proposed committee substitutes and delete everything amendments, to SB 1714 (the bad beer bill in the Senate), was today (Monday, April 7, 2014) at 3:00.  The deadline has come and gone and the proposed amendments are as follows:

While the original bill would only include bottles of 32, 64 and 128 ounces to be sold as growlers, the amendment from Senator Stargel would include all sizes between (and including) 32 ounces and one gallon within the definition of a “growler”.

Senator Latvala filed seven amendments, including one that would delete the specified growler sizes altogether and allow for any size growler and also specifically included plastic as an appropriate container type for a growler.

Latvala’s other amendments would do the following:

  • Removes the language requiring a brewery to sell its […]
By |April 7th, 2014|Blog|3 Comments

Beer Bills Bring Dishonesty and Half-Truths

This blog was inspired by Mitch Rubin’s recent comments (proclaiming to support craft beer) that were reported in the Gainesville Sun. Mitch Rubin is the executive director of the Florida Beer Wholesalers Association (this is the group that represents ABInBev and has generally done their bidding). Rubin, who has cited “public health concerns” in the past when asked about blocking growler bills, again noted the need to protect the three tier system.  As we discussed previously, the three tier system isn’t all that it’s cracked up to be.  Plus, with groups like the Florida Beer Wholesalers Association doing what Anheuser Busch’s money tells them to do, does the three tier system really operate as it is meant to or the way that Mitch Rubin claims it needs to? The largest manufacturer is influencing the political process via one of those tiers that Rubin claims must be […]

By |April 3rd, 2014|Blog|2 Comments