Libation Law Blog

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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…
That’s right, the oral arguments in this historic wine shipping case involving the rights of in-state citizens and out-of-state retailers to set their contractual terms and receive alcohol through third-party shippers like FedEx will be broadcast live today.  Here’s why this case about retailers shipping alcohol to residents of other states is important.   So take a break and have lunch today watching this first of its kind liquor shipping dispute. Beer, wine, and spirits…
The Ninth Circuit heard argument on the trademark dispute that Jim Beam, the maker of “Pucker” flavored vodkas, won against a rival spirits brand that makes Johnny Love Vodka, JL Beverage Co. The vodka maker, through its liquor attorneys, wanted to overturn the District Court decision in an attempt to breath life back into its lawsuit. The District Court had handed both parties something of a draw in determining that the Pucker lipstick mark did…
In the Friday January 10, 2020 edition of the Illinois Register, the Illinois Department of Revenue proposed two new pieces of emergency rulemaking to implement taxation portions of the Illinois Cannabis Regulation and Tax Act. The first emergency rule implements the 7% tax on cannabis cultivators in Illinois for the privilege of cultivation. The tax is imposed on gross receipts from the initial sale of the product to another cultivator or to a craft…