The United States Alcohol and Tobacco Tax and Trade Bureau (TTB) has published notice of proposed amendments to its regulations governing the requirements for filing a Brewer’s Notices (essentially, the federal permit to operate a brewery) and relaxing certain operational and reporting requirements for breweries. If, as expected, the proposed amendments are adopted, they should […]
With the COVID crisis still in full swing, many breweries are hurting. Extended closures of tasting rooms and select re-openings with reduced capacity have led to dramatically decreased sales. Many breweries look to their tasting rooms as their primary revenue stream, with most sales coming in the form of draft sales, with some to-go sales […]
As all breweries know, the Liquor Authority requires that every holder of a liquor license maintain adequate control over its premises. Under normal circumstances, that requires you to make sure that your patrons are not intoxicated, are not engaging in illegal conduct or fights, and are otherwise complying with the rules. During the COVID-19 pandemic, […]
New York State is home to 447+ craft breweries. And you want to be number 448. No sweat right? But how many of these breweries will be around in year two? Contrary to common belief running a brewery isn’t as easy as growing a sick brewer’s beard. There’s a number of variables that could lead […]
Crafting Your Business: Post 4 of 4 in the Series from the NYS Craft Beverages Handbook If you are a brewery owner grappling with brand names for a brewery, a brew pub or products, uncertainty over whether your chosen names are available for your intended uses will undoubtedly cause some anxiety. We often hear from […]
Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination against persons with disabilities in any place of “public accommodation,” such as restaurants, hotels, theaters, doctors’ offices, pharmacies, retail stores, museums, libraries, parks and, yes, breweries that operate taprooms, conduct tastings, sell at retail or are otherwise open to the public (which includes most […]
When two breweries choose trademarks that may conflict, it is best for them to communicate early to avoid the costs of making changes in cans, labels, packaging, promotional materials, advertisements and loss of goodwill. Further, they both will want to limit the expense of engaging lawyers to deal with the dispute. Changing the Mark If […]
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 […]
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 […]