So you’ve decided to acquire a new home for your brew equipment and tasting room. Whether it be an old jail, a former firehouse, a warehouse or manufacturing facility, the first step from an environmental perspective is to engage an environmental consultant to perform a Phase I Environmental Site Assessment. As Rick Marx has advised […]
Does your brewery include a bar, restaurant and/or tasting room? If so, it’s worth taking a look at how your bartenders are compensated. If your bartenders are paid primarily by tips, then you may consider taking a tip credit against the hourly minimum wage. Taking a tip credit allows your business to pay a lower […]
So you’ve followed your trademark attorney’s advice regarding selection of your brand name or house mark. You’ve made sure that no one else is using the same or similar mark on or in connection with the same or similar goods. You’ve also made sure that the logo design for your mark isn’t confusingly similar to […]
For most craft brewers, it is one of the milestones of success—the opening of a public tasting room and accompanying facilities to pursue your passion on a larger scale and in greater quantity. Hand in hand with this expansion is the need for additional bodies to brew the beer, man the tap room, etc. If […]
Going green, being eco-friendly and saving the planet might not spring to your mind first when you start to think about a new building or expanding your current operations. To those unfamiliar with sustainable building, it might sound like a fancy way to spend more money. But in reality, sustainable building works with the environment […]
In my last post I talked about how to go about finding your brand. In this one, I will be covering how to defend your territory. Once you’ve settled on a name (or symbol) that you love – and you’ve made sure it’s available – it’s time to start thinking about how to make it […]
Both federal and state laws and regulations severely restrict a manufacturer’s or wholesaler’s activities in connection with retail licensees, both on and off premise. The general rule is that no manufacturer (i.e. brewer) or wholesaler may provide any retail licensee, directly or indirectly, any item of value or any service unless specifically and explicitly permitted […]
You’re running your brewery, you’re making beer, and things are going great. Then one day you receive a cease and desist letter. It probably says something scary like your use of a particular word or phrase constitutes trademark infringement and unfair competition which could subject your brewery to damages or treble damages, injunctive relief, attorneys’ […]
If you’re getting into the spirit of spring cleaning, take a moment to review your brewery’s social media accounts. Anything on social media that meets the TTB’s definition of “advertisement” must also comply with the TTB’s advertising regulations. The TTB defines “advertisement” very broadly—it includes any written or verbal statement, illustration, or depiction that is […]
The answer is YES – regardless of your size. Keep in mind that franchise protection laws were written as a result of distributor lobbying efforts. They were not written for supplier interests. A contract is your only form of protection against laws that are designed to protect distributors – not you. In a contract you […]