What type of entity should you and your partner(s) use for your start-up brewery: a partnership, corporation or limited liability company (LLC)? Here are some general considerations to tailor to your own circumstances. Entity. A partnership is usually not an option as it would not limit your personal exposure to creditors and claims. An LLC […]
Even though simply using your trademark automatically establishes your rights in the geographic area where you use it or may naturally expand, you can obtain valuable additional rights by applying to register the mark in the U.S. Patent and Trademark (USPTO). The financial and other benefits of registering your beer trademarks can be significantly greater […]
As part of the 2019 State Budget that the New York State Legislature passed and Gov. Andrew Cuomo signed into law, there is significant new sexual harassment legislation that affects all employers in New York State. In light of this legislation and the increasing focus on the issue of workplace sexual harassment, it is imperative […]
As a craft brewer, your focus is on making the best beer possible. However, being a craft brewer means you are also a small business owner. That fact means that you also have to focus on managing a successful business. As your brewery grows, your business grows. This growth inevitably leads to hiring employees. Being […]
Some municipalities in New York State have passed, or are considering, local laws that will require farm breweries, farm wineries or farm distilleries to operate in a particular way. Some towns may require the farm brewery or farm winery to dedicate a certain percentage of land to growing crops, over and above the land they’ve […]
Breweries are everywhere these days and that’s because the industry is booming in a way that others simply aren’t. As the Atlantic has put it, “between 2008 and 2016, the number of brewery establishments expanded by a factor of six, and the number of brewery workers grew by 120 percent,” while other industries have been […]
It’s an exciting time, after dreaming about it for years and pre-planning, you’re finally going to open that brewery you’ve been wanting. Then the fun begins and money starts going out. You’re now dealing with lawyers, landlords, brewery licensing and equipment, TTB, and insurance… fun fun fun. You ask some colleagues who they use for this […]
A new craft brewery recently asked whether or not they should have a lease in place for their brewery premises. The brewery was located on the same parcel of land as their residence. The answer – absolutely. Their next question was whether they, as owners of the residence, should lease to the brewery or whether […]
By Jamie Ruiz and Brendan Palfreyman It is a great time to be in the craft beverage industry in New York State. Through the Consolidated Funding Application (CFA), craft breweries can apply to multiple sources of funding via one application to the local Regional Economic Development Council (REDC). Eleven state agencies have made funding available through […]
When you select your brewery name or your beer trademark, keep in mind two principles: (1) choose a mark that is legally strong, and (2) choose a mark that is not confusingly similar with someone else’s existing name or mark. Strength Of course, you want to select a term that is appealing to customers. It […]