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Below is a portion of the press release from the New York State Liquor Authority. For the full release and a Q&A, click here.   Pursuant to the Governor’s order, effective Monday, March 16, 2020 at 8:00PM, all licensed on-premises establishments (e.g. restaurants, bars, taverns, clubs, arenas, catering establishments, etc.) must cease on-premises sales of alcoholic beverages and/or food.  Additionally, all licensed manufacturers with on-premises privileges must also cease on-premises sales of alcoholic beverages and/or food; however, a licensed manufacturer may continue all manufacturing operations.  This restriction shall continue until April 15, 2020 but may be extended or reduced depending upon the circumstances. To aid in prevention of the spread of the coronavirus and assist businesses impacted by the current state of emergency, the Governor has ordered the State Liquor Authority (SLA) to promulgate guidance on new off-premises privileges for licensed businesses with on-premises privileges. The State Liquor Authority offers the following guidance: Any on-premises licensee and any manufacturing licensee with on-premises retail privileges may sell for off-premises consumption any alcoholic beverages that it is able to sell for on premises consumption under the law. For example, a tavern wine licensee may sell beer, wine, cider, mead, and wine product, but not liquor, and a farm winery may sell any New York State labeled wine, beer, cider, mead, or liquor, but not non-New York State products unless it has an on-premises license as well. Alcoholic beverage sold for off-premises consumption pursuant to this guidance may be sold in any closed…

Patagonia, the outdoor clothing and gear company, filed a lawsuit against Anheuser-Busch in U.S. District Court for the Central District of California claiming federal trademark infringement, unfair competition, dilution of a famous mark and cancellation of trademark registration. Anheuser-Busch recently adopted the business name “Patagonia Brewing Co.” and launched a marketing campaign for its new Patagonia beer, beginning at ski resorts in Colorado. Patagonia asserts that Anheuser-Busch has tried to take advantage of the outdoor clothing company’s 40-year-old brand and reputation as a company dedicated to environmental conservation and that Anheuser-Busch has created a logo “strikingly similar” to Patagonia’s own mountain silhouette logo. Patagonia asks that Anheuser-Busch be found to have infringed its marks and that it be stopped from continuing to make its Patagonia beer or using anything that infringes the clothing company’s marks. The company also asked to recover damages and lost profits, as well as punitive damages.

Posted in alcohol beverage law, craft beer, Lawsuits, Litigation, trademarks | Tagged AB, beer, Patagonia | Comments Off

Senate Bill 1078, signed into law on March 25th, 2019, amended Idaho Code Section 23-1001, by defining “contractee brewer” and “contractor brewer” as well as adding a new Section 23-1057 to authorize contract brewing in certain instances. Newly amended Idaho Code Section 23-1001 defines “contractee brewer” as a brewer producing fewer than thirty thousand (30,000) barrels of beer in aggregate annually, including any beer manufactured outside the state of Idaho, that enters into a contractual relationship with another brewer to produce beer on the contractee’s behalf. “Contractor brewer” is defined as a brewer producing fewer than thirty thousand (30,000) barrels of beer in aggregate annually, including any beer manufactured outside the state of Idaho, that enters into a contractual relationship with a contractee brewer to produce beer for the contractee brewer on the contractor brewer’s licensed premises. The addition of Section 23-1057 allows for a contractee brewer to enter into a contractual relationship with a contractor brewer to contractually produce beer for the contractee brewer to the extent allowed by federal law. Both the contractee brewer and the contractor brewer must be separately licensed and separately owned. Beer brewed for a contractee brewer must count toward the contractee brewer’s annual production, but it will not count toward the contractor brewer’s annual production. The rise in popularity of contract production has afforded both aspiring and existing brewers more opportunities for production when, for a multitude of reasons, the contractee does not have the desired capacity or means to brew beer on…