Compliance at NC Festivals

Part 3 of our Festival blog series. Check out Part 1 and Part 2 Are you compliant? Hopefully, yes. If not, hopefully these rules can help you. We’ve (mostly the ABC) have broken down compliance issues into four parts: pre-festival/event, staffing at the festival/event, quality control testing, and festival/event attire. This blog focuses on pre-festival/event […]

Special Festival Permits in NC

Part 2 of our Festivals series blog posts. Check out Part 1. For this blog post we highlight the differences between two commonly used permits: the Malt Beverage Special Event Permit and the Winery Special Event Permit. Malt Beverage Special Event Permit If you have a Malt Beverage Special Event Permit you are allowed to […]

The Nitty Gritty Facts about Festivals

Part 1 of our festival blog post series. It’s summer. It’s hot outside. Outdoor festivals and events ensue. Our next couple of blog posts will be breaking down the NC ABC’s rules for festivals/events. Stay tuned for our posts!   The NC ABC has some pretty strict rules on the co-mingling of alcohol and festivals/events. […]

Trademark Registration: Standard Application vs. Intent to Use Application

USPTO Trademark Registration The difference between a standard trademark application versus an Intent to Use application. We always get a lot of questions regarding trademarks, about the registration process, and the different types of trademark applications. Watch the video to learn more about the USPTO and how to register trademarks.         Contact […]

Growlers-Rules and Requirements in NC

What are they? Do I need a permit? What does the label look like? So many questions, and hopefully this article will help clear up some confusion. Growlers are a rigid glass, plastic, aluminum, or stainless steel container with a flip-top or screw-on lid that is no larger than two 2 liters (0.5283 gallons) into […]

I need a permit for that? ABC Permits in NC

Common ABC Permits in NC  NC ABC* in regards to beer** *This article ONLY pertains to ABC permits in North Carolina. ** The NC ABC deals with more than just beer, but for the purposes of this article we are only talking about permits as they relate to beer. Once you receive your Brewers Notice […]

Why Selling to Big Beer Makes a Difference

What does this say about Big Beer? Big Beer seems to do something about once a week that gets me mad. I saw this article today and got really upset: Anheuser-Busch Announces $11 Million Expansion of Merrimack Brewery Especially the part that says: “The brewery in Merrimack will receive the $11.3 million expansion, allowing construction […]

Private Clubs in NC

What is it and FAQs *This article ONLY pertains to private clubs in North Carolina. I stumbled upon this helpful “Frequently Asked Questions” pamphlet that the NC ABC Commission wrote. Click here to read more FAQs. Underlined portions are added for emphasis. The link to the original PDF is below. A private club is an […]

“Can I do this?” Frequently Asked Questions about Alcohol

FAQ Time: I stumbled upon this helpful “Frequently Asked Questions” pamphlet that the NC ABC Commission wrote. We underlined certain portions for emphasis. The link to the original PDF is below. Q: If I run out of alcoholic beverages at one business can I transfer it to my other permitted business? No. If you own […]

Wicked Weed leaves the ranks of Craft Beer.

Like everyone ever, I saw the Wicked Weed announcement yesterday about the “partnering” with ABInBev. I don’t normally spend a lot of time commenting on purchases of craft brewers by larger breweries. My general response is: “Good for them!” This is a business and it’s good to make money doing something you love. “That’s a bummer.” […]

Brewing after the TTB

Just when you thought you were done with the TTB. . . . It is extremely important to keep the TTB informed about any major changes to your brewery, winery, or distillery. Anytime you have a “significant change” you need to update your Brewers Notice with a TTB Amendment. A “significant change” is generally: A […]

Trademarking “Sunshine State Brewing Company”

There are a couple of issues with trademarking “Sunshine State Brewing Company.”  (1) You cannot register a geographic location on the federal registry (USPTO). (2) You cannot register a generic word or phrase. Let’s delve into the reasoning. For “Sunshine State Brewing Company” you cannot own the words “brewing company” because they’re generic. The word […]

Interested in Registering your Trademark at the State Level?

  Trademark Series Part 3 Check out Part 1 and Part 2 of our Trademark Series!   In addition to the federal registry (The United States Patent and Trademark Office), you can also register your mark at the state level. The USPTO oversees federal registration for trademarks. The USPTO offers national protection for your mark. […]

Is incontestability contestable?

  Trademark Series: Part 2 In Part 1 of our trademark blog series (click here), we discussed the status of incontestability in trademark law. Incontestability seems like a sure thing- the registrant has exclusive right to use the registered mark in commerce. But, with all things legal, there are exceptions. Many people hear the word […]

What’s on your label?

Label requirements can be tricky-different rules apply to different states. Domestic beverages and imported beverages have different guidelines. The purpose of this blog is to clear up some of the confusion surrounding beer labels. For all intent and purposes I will focus on North Carolina rules since that is what I am most familiar with. […]

Your Trademark is Finally Registered. Now what?

Part I: Trademark Incontestability After federally registering your trademark you might think that you’re done dealing with the United States Patent and Trademark Office (USPTO), but, unfortunately, think again. You still have one more deadline to abide by if you want to permanently strengthen your registered rights. As the proud owner of a federally trademarked […]

Trademark Snarkiness. Really?

Trademark Snarkiness   Recently, I’m sure you probably saw it – it got a lot of coverage, even from NPR) – Exit 6 Brewery got pretty snarky with Starbucks. And Starbucks defended itself (somewhat) here. I had several people ask me about this; what my thoughts were, what I would have done, etc. I promised […]

Why are (some) Trademark Attorneys Jerks?

I do a fair bit of work in intellectual property and, especially, trademark issues. It always surprises me what bullies, blusterers, and even a$$holes trademark attorneys can be. The general jerky-ness of attorneys is well publicized in social media and the vast number of lawyer jokes out there (for example: http://www.jokes.com/funny-lawyer-jokes). But, even among lawyers, […]

Trademarks? We Don’t Need No Stinkin’ Trademarks!

  This is the obligatory trademark blog post. I say that because it seems to be one of the most common and most commented on topics in craft beer (at least in legal circles) other than the effect of the Gov Shutdown on the TTB. In fact, the cover story in Sept/Oct 2013 issue of […]

The “New” Growler Law – What’s it mean for NC Breweries?

Session Law 2013-76 was signed into law by Governor McCrory on June 12, 2013. Formerly numbered as H829 and titled “An Act To Allow Certain ABC Permittees To Sell Malt Beverages In Certain Containers For Consumption Off  The Permitted Premises,” and colloquially referred to as “The Growler Law.”   OK. That’s great, but what does […]

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