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 […]
For the craft beer industry, 2014 was another banner year. In the years ahead, America’s renewed interest in craft beer will mean a startup venture for some. For others, continued growth will bring new business challenges. At some point in a brewery’s growth, many craft brewers will look to established beer distributors to expand their […]
To all breweries in New York State, I would like to send a friendly reminder that the annual New York State Sales Tax Information Return (“Return”) for the period March 1, 2014 through February 28, 2015 is due on or before March 20, 2015. This Return is required to be filed by all alcoholic beverage […]
So, you are ready to purchase land or a building to expand your operations. One step that should be taken as part of your business due diligence is to determine if there are environmental issues. This will allow the buyer of a property to take advantage of certain defenses to liability under the Comprehensive Environmental […]
[Updated February 19, 2015: Thanks to a great response from beer enthusiasts and NYS brewers like Ithaca Beer Co., Newburgh Brewing Co., Broken Bow Brewery, Community Beer Works, North Brewery, Nedloh Brewing Co., and Swiftwater Brewing Co., I had a ton of new entries (marked with an *) to add to the NYS sour beer […]
Due to a recent change in NY law, even employers that are organized as a New York LLC can be liable for payroll violations! When you are running a business – large or small – one of the last things you may think you have time for is to ensure that your employees are properly recording […]