Ashley Brandt

My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people.

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Patagonia’s (the clothing maker) lawsuit against Anheuser Busch will proceed following a finding that Patagonia may (just may…) be able to support those claims that its brand is one of the most recognized and famous in the world. By way of background – Anheuser-Busch recently launched a “Patagonia” beer at ski resorts in Colorado under the name “Patagonia Brewing Company” and went on to register a trademark for “Patagonia” in beer. Here’s what that looked…
Patagonia’s (the clothing maker) lawsuit against Anheuser Busch will proceed following a finding that Patagonia may (just may…) be able to support those claims that its brand is one of the most recognized and famous in the world. By way of background – Anheuser-Busch recently launched a “Patagonia” beer at ski resorts in Colorado under the name “Patagonia Brewing Company” and went on to register a trademark for “Patagonia” in beer. Here’s what that looked…
The Center for Food Safety a national no-profit public interest and environmental advocacy organization recently published, in partnership with the Center for Cannabis Safety, a report evaluating 40 CBD producers on their production and processing methods, testing protocols and transparency to consumers.  In addition to detailing the manufacturing practices and providing information about the organic certification of the CBD producers, and what processing techniques they utilize in CBD extraction, the Hemp CBD report also…
This case is interesting because other recent attempts by neighbors of cannabis growers to sue for diminished land values and enjoyment of real property have met with dismissal by district courts finding that allegations of diminished market value of land are insufficient to constitute an injury under RICO where that statute requires “proof of concrete financial loss rather than mere injury to a valuable, intangible property interest.”  But this case isn’t going that way. The…
A Florida based wine importer, Orion Wine Imports, LLC and its owner brought an action challenging the constitutionality of the California statute that permit alcoholic beverages to be imported to California only when consigned and delivered to a licensed importer at the importer’s licensed premises or at a licensed public warehouse. The plaintiffs claimed the California statute violates the Commerce Clause and the Privileges and Immunities Clause and sought to require California to offer permits…
One of our favorite alcohol advertising cases is finally progressing again. The 8th Circuit has set September 26, 2019, as the oral argument date for the parties in Missouri Broadcasters v. Schmitt et al. The case is a challenge by an advertiser, a manufacturer, and a retailer to stop Missouri’s alcohol advertising rules that allegedly impermissibly regulate truthful advertising by banning certain forms of advertisements and compelling others. Namely, regulations on advertising beer wine and…
One of our favorite alcohol advertising cases is finally progressing again. The 8th Circuit has set September 26, 2019, as the oral argument date for the parties in Missouri Broadcasters v. Schmitt et al. The case is a challenge by an advertiser, a manufacturer, and a retailer to stop Missouri’s alcohol advertising rules that allegedly impermissibly regulate truthful advertising by banning certain forms of advertisements and compelling others. Namely, regulations on advertising beer wine and…
You’d be hard pressed to find a stronger condemnation of the failure to hold an en banc hearing than this recent dissent filed in Total Wine’s challenge to the post and hold provisions of Connectcicut’s alcohol regulatory laws. We wrote about how Total Wine lost this challenge back in February. While the three-judge panel that decided Total Wine wouldn’t win the case noted the circuit split between their decision and the way the 4th…
The 7th Circuit has reversed and remanded a district court’s dismissal of a small Wisconsin brewer’s antitrust challenge to allegedly anticompetitive and monopolistic practices in the Ontario beer market. The district court had dismissed Mountain Crest SRL’s Sherman Act lawsuit against large brewers Anheuser-Busch Inbev and Molson Coors. The small brewer’s assertions were that the larger brewers allegedly conspired through their ownership of Canadian retail stores (the Beer Store) to keep other brewers…
A “Ponzi scheme for wine” – that’s how the government summarized the operations of the wine merchant who ran the now-defunct Premier Cru in Berkeley, California. Customers bought wine and wine-futures from Premier Cru and were not always in direct possession of the wines they “owned” through purchases made from Premier Cru. Importantly, they were not always able to confirm that the wines were in the possession or ordered by Premier Cru – either…