craft brewery

Update on Senate Bill SPB 7120

We talked last week about SPB 7120, which received consideration from the Senate Regulated Industries Committee yesterday.

Early Wednesday morning (the day that the bill received consideration), Senator Audrey Gibson (representing a portion of Duval County) filed an amendment that would have caused 7120 to follow the amended language of HB 1329 (which essentially followed the previously filed HB 7075). Gibson seemingly filed the amendment in an attempt to create consistency with the House Bill. She spoke for a bit on Wednesday and noted the importance of the craft beer industry in Florida and noted its ability to revitalize neighborhoods. Stories of such revitalization have made news across the country (look to Oakland, portions of Kentucky and Cleveland for example). Gibson was right, but she withdrew her amendment early in the process after apparently realizing/determining that any language to be added to the bill would need work. It’s not the […]

By |March 27th, 2014|Blog|4 Comments

Don’t pay an attorney just to file your trademark application(s).

BeerPhoto

I recently reviewed a listing of applied-for trademarks which demonstrate that many attorneys are clearly not providing their clients with substantive information regarding whether their marks are likely to register and why/why not.  Many attorneys clearly don’t take the time to discuss the trademark process with their clients.  They don’t seem to provide information regarding other marks in existence that may be cited in a refusal based upon a likelihood of confusion.  They don’t seem to explain that a descriptive mark cannot be reserved using an intent to use application or that if that mark is eventually put to use, the effective date will switch to the date it is placed in use rather than the date the application is filed (and thus falling behind any later-filed marks).  After seeing a number of these marks that suggest a […]

By |March 12th, 2014|Blog, Uncategorized|3 Comments

The Big Beer Bill to Stifle Florida Craft Beer was Filed in the House

The bill we knew was coming (“Big Beer Bill”) in the aftermath of the self serving comments from Eric Criss just a month ago was filed in the Florida House of Representatives yesterday.  Criss is president of Beer Industry of Florida, Inc., a Tallahassee-based trade association of Florida’s largest beer distributors.

Criss (not so) implicitly gave the beer distributors credit for drunk driving fatalities, arrests and convictions dropping.  He added that it was the three tier system that followed prohibition and the role of distributors that helped curb social problems such as high-volume drinking, domestic violence and worse (credit to him for an attempt to instill fear in the hearts of unsuspecting readers that have not yet reached the part of the article that says who he is and why he is writing the piece).  Of course, the misplaced argument fails to mention that other laws […]

By |March 4th, 2014|Blog|15 Comments

Is a Mandatory Three Tier System Necessary?

The three tier system has been in place since the repeal of Prohibition. Some advocate for it (large distributors and the brewing giants whose beer they distribute) and others don’t believe a strict mandatory three tier system is necessary to accomplish the goals it is designed to promote (me, craft brewers).  I am writing this to provide just a bit of background, a bit of opinion and to perhaps stimulate discussion.

The Three Tier System: (Shortly) How/Why?

Prohibition was a disaster.  As it neared its end, John D. Rockefeller, Jr. commissioned a study by Raymond Fosdick (attorney) and Albert Scott (engineer) to provide the states with guidance on regulating alcohol.  The 21st Amendment ended prohibition and provided the states with control over regulating the production and sale of alcohol. Fosdick and Scott made it the highest priority to prevent a system that allowed tied-houses.  A tied […]

By |January 27th, 2014|Blog|6 Comments

Year in Beer(law)

A look back at some of the craft beer industry’s legal issues (w/ pictures) in 2013 (click on the links below for more coverage):

The people behind Headwaters Brewing came up with the Headwaters name in 2009 and went public with the name in 2010 at the Haywood County Chamber of Commerce business start-up competition. In January 2012, before Headwaters turned pro,Victory Brewing Company released its Headwaters Pale Ale. But Victory also filed a federal trademark application. Shortly after opening, Headwaters received a cease-and-desist letter from Victory. Headwaters remarked that it was a “great lesson in intellectual property protection for do-it-yourself and small business guys” and changed the brewery’s name to BearWaters.

In March, DuClaw Brewing of Maryland sent a cease-and-desist letter to Ska Brewing after registering the EUPHORIA mark for beer. However, Ska claimed use of Euphoria for its pale ale back to 2005 while DuClaw’s application claimed use […]

By |January 3rd, 2014|Blog|10 Comments