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.…
DetailsUSPTO 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…
Details
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…
DetailsYouTube Did you know that we have a YouTube page? Check us out! Contact us If you have any questions please do not hesitate to email me at john@beerlawcenter.com or call 919-335-5291. Be sure to check out Beer Law Center and Matheson Law Office for all things NC legal.
DetailsCommon 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…
DetailsWhat 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…
DetailsWhat 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…
DetailsFAQ 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…
DetailsLike 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.”…
DetailsJust 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…
DetailsThere 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…
DetailsTrademark 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.…
Details
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…
DetailsLabel 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.…
DetailsSorry about the long period of … well, nothing. We’re back in the swing of things (I hope) and will be updating more and more frequently. Cheers and check back often! John
DetailsPart 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…
DetailsSelf-Serve Legal Websites I wanted to weigh in on the self-serve legal sites that we’re seeing advertised more and more. Well, I’m not going to name names here, but let’s just say that the most popular version of these rhymes with BegalRoom.com. Should we use these sites? Why or why not? What’s the worst that…
DetailsTrademark 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…
DetailsMoving a Brewery into a Historic Building? Think Twice. I’m not saying you shouldn’t do it. In fact, I’m all for revitalizing derelict structures or repurposing really cool old buildings into breweries, distilleries, brewpubs, whatever. But, there are some serious considerations if you’re going to do it. I’ve outlined some of my concerns (some legal…
DetailsI 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,…
Details