A little bit of background makes this seem like an easy decision given that constitutions, as a general rule, trump statutes. Oklahoma’s state constitution addresses the alcoholic beverage industry and its operation. Oklahoma used to have a state constitutional clause mandating that alcoholic beverage manufacturers make their products available to all distributors: “any manufacturer … shall be required to sell such brands … to every licensed wholesale distributor who desires to purchase the same, on…

A little bit of background makes this seem like an easy decision given that constitutions, as a general rule, trump statutes. Oklahoma’s state constitution addresses the alcoholic beverage industry and its operation. Oklahoma used to have a state constitutional clause mandating that alcoholic beverage manufacturers make their products available to all distributors: “any manufacturer … shall be required to sell such brands … to every licensed wholesale distributor who desires to purchase the same, on…

Southern Glazer’s Wine and Spirits, one of the nation’s largest alcoholic beverage distributors, has filed an amicus brief in support of Total Wine’s cert petition requesting the United States Supreme Court review the Second Circuit’s denial of Total Wine’s antitrust challenge to Connecticut’s post-and-hold, minimum pricing, and volume discount laws. You can read the brief in support of liquor retailer’s rights to have fluid pricing here. Briefly, Total Wine, a retailer, brought suit…

The Illinois Department of Agriculture posted the first of two anticipated frequently asked questions bulletins regarding the current process for the cannabis licensing process it is currently running for the Illinois craft grower, infuser, and transporter licenses available in the current round of cannabis licensing. You can find the full first FAQ on the licensing process for Illinois’s craft growers, infusers, and transporters here. You can find the link to the Department’s adult use…

The TTB has posted some informative videos about different issues in its trade practices enforcement efforts and the history of the Federal Alcohol Administration Act. The new videos are linked below and can be found on the TTB’s Trade Practices website. Each is a decent introduction to issues raised in the TTB’s enforcement of matters in the alcoholic beverage industry. FAA Act History & Background Tied House Exclusive Outlet Commercial Bribery Consignment Sales The…

The plaintiff in this case is a professional photographer whose work is registered with the copyright office. He sued New York Vintners LLC for copyright infringement when they used a picture of his on a third-party website, PULSD.COM promoting their wine education classes. You can see the photograph and read the complaint here. For whatever reason, the wine retailer did not respond to the complaint and default was entered against them. In reviewing the…

The plaintiff in this case is a professional photographer whose work is registered with the copyright office. He sued New York Vintners LLC for copyright infringement when they used a picture of his on a third-party website, PULSD.COM promoting their wine education classes. You can see the photograph and read the complaint here. For whatever reason, the wine retailer did not respond to the complaint and default was entered against them. In reviewing the…