Libation Law Blog

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

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Crain’s Chicago Business ran a listicle by John Pletz this morning entitled the 5 things you didn’t know were in the Illinois weed bill. But what about all the other things you need to know about Illinois’s new marijuana legislation, all the regulations, the licenses, the incentives? We’re going to take the time over the next few weeks to go through the 533 page proposed Illinois Cannabis Regulation and Tax Act and discuss Illinois’s…
Crain’s Chicago Business ran a listicle by John Pletz this morning entitled the 5 things you didn’t know were in the Illinois weed bill. But what about all the other things you need to know about Illinois’s new marijuana legislation, all the regulations, the licenses, the incentives? We’re going to take the time over the next few weeks to go through the 533 page proposed Illinois Cannabis Regulation and Tax Act and discuss Illinois’s…
Back in 2016 we wrote about the Consumer Review Fairness Act passed by congress to protect people’s ability to share “their honest opinions about a business’s products, services, or conduct, in any forum, including social media.” The Act makes it illegal for a company, like a craft brewery, to use a contract provision (this includes doing it in the terms of service on your website) that: bars or restricts the ability of a person who…
Haplessness appears to have saved the founder/head brewer of a brewery that never got off the ground from having to stick with a debt after filing for personal bankruptcy and repay $140k that some investors claimed he should owe them. The brewery, Bulk Head Brewing Co. – did not open after years of work by a young brewer. The brewery’s failure forced him into bankruptcy. In bankruptcy, the investors looking for a return of the…
The blog Wynning History posted in February about the tortuous history of D.G. Yuengling Jr.’s James River Steam Brewery in a piece that weaves the history of an ill-fated brewery founded in the late 1860s which was capable of production in excess of 400 barrels per day by the 1870s before its demise in the 1880s. The article provides some information on the origin of the brewery from historian Mike Gorman’s piece for All About
You may have thought this had pittered out. I certainly did after I took this picture of cases of Guns ‘N’ Rosé beer on the trade show floor at the April Craft Brewers’ Conference in Denver: Guns ‘N’ Rosé beer on trade show floor at Craft Brewers’ Conference But it didn’t. Not everyone thinks this is parody. The parodied certainly don’t. Guns N’ Roses filed this lawsuit (link to complaint) yesterday against Canarchy Craft Brewery…
We’ve previously discussed and uploaded the briefs for you in this case Wal-Mart is brining against the Texas Alcoholic Beverage Commission (both links to our pieces covering the case with the briefs). Briefly, Wal-Mart challenged and won a district court case against the Texas Alcoholic Beverage Commission arguing certain Texas alcoholic beverage licensing laws violated the Commerce Clause by restricting the types of liquor licenses publicly traded companies could hold. The Texas statute banned public…
The USPTO issued guidance on cannabis associated trademarks on May 2 (here’s a link and we’ve embedded it below). We’ve long seen denials of cannabis, hemp, and marijuana related trademarks based on TMEP §907 where the use in commerce forming the basis for the registration must be lawful. This same criteria has been fertile ground for litigating and invalidating many beer, wine and spirits marks where do-it-yourself applicants file before they’re properly permitted or…
Ashley Brandt Hi there! I’m happy you’re here. 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…
Ashley Brandt Hi there! I’m happy you’re here. 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…