Miami

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

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

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

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

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

The Geographically Descriptive Trademark

I was recently in Boston and had some great beer. Something I saw on that trip and then a discussion I had with David Minsky of the Broward/Palm Beach New Times inspired this article. David and I spoke about the recent trend of cease-and-desist letters in the brewing industry and whether it may soon affect South Florida’s breweries that are seeking to trademark names like Miami Pale Ale and Miami Brewing Company. As I drove through a few towns north of Boston, I passed Boston Beer Works and thought people might assume that Boston Beer Company, the company behind Sam Adams and Angry Orchard, was also behind Boston Beer Works. Boston Beer didn’t want people thinking that was the case. It sued Boston Beer Works twenty years ago for trademark infringement. I’ll get to that. First, some background on the relevant law.

Trademarks may fall within four categories with respect […]

By |January 3rd, 2014|Blog|0 Comments

Could Craft Brewers Take a Page from the NBA Lockout?

craft-beer-week-new-york-city-photo-ccDuring the recent NBA lockout, a number of the league’s stars found ways to stay at work by participating in charity games across the country and other summer league events.  Kevin Durant, Russell Westbrook, LeBron James, Chris Paul and Carmelo Anthony played in Oklahoma City and raised $100,000 for the Single Parents Support Network of Oklahoma City.  Durant, James, Anthony, Paul, Chris Bosh, Dwyane Wade, John Wall and Amar’e Stoudemire got together in Miami to support Mary’s Court Foundation.  More stars met in Philadelphia, Minneapolis and San Jose, among other locations.

The situations are certainly different, craft brewers are not directly at odds with the federal government and the shutdown did not occur as a means of burdening the brewers.  But the result is similar.  Many craft brewers are left with innovative brews that cannot reach the consumers due to the cessation […]

By |October 16th, 2013|Blog|0 Comments