Blogs
Avoiding Trademark Pitfalls
by evansfox | Sep 15, 2016 | Retail Liquor License
Why Not Use A Low Cost Online Provider for your Trademark Registration? When someone wants to protect, they don’t just need a simple registration form completed and then filed. Frankly, anyone can complete a form. However, even a well prepared form may not get you the...
Great Harvest Bread Co.
by evansfox | Sep 14, 2016 | Restaurants & Bar, Retail Liquor License
Great Harvest Bread Co. uses the slogan “Bread. The way it ought to be.” Panera uses the slogan “Food As It Should Be.” Great Harvest alleges that Panera uses its similar slogan on products that directly compete with the bakery’s products, creating potential consumer...
Alcoholic Beverage Licensees Should Take Note of the Several Multi-Agency Investigations Undercover Sting Operations Targeting Widespread Underage Drinking
by evansfox | Sep 13, 2016 | Retail Liquor License
For licensees who get caught, the result is likely to be an emergency suspension order. The New York State Liquor Authority (SLA) suspended the license of Barley Legal Inc., doing business as “Bootleggers” at 200 Broadway in Troy, New York. The suspension was ordered...
I have my TTB permit/license. Now what?
by evansfox | Sep 12, 2016 | General Business, Retail Liquor License, Tips For the Entrepreneur
After you get your federal approval to manufacture alcoholic beverages; you have 5 continuing duties in addition to compliance with all federal and state alcoholic beverage control laws and regulations: COLA- Certificate of Label Approval from TTB and/or state ABC...
If I have an alternating proprietorship can I use the host’s staff as independent contractors to assist me in alcoholic beverage production?
by evansfox | Sep 11, 2016 | Retail Liquor License
Yes, as long as the written agreement between the Host and Tenant provides for this situation. The key factors that the TTB will consider in evaluating the relationship include: Authority of the “independent contractor” and the degree of central/decision-making...
How to submit photographs to the NY State Liquor Authority
by evansfox | Sep 10, 2016 | Retail Liquor License
Important: The electronic photo submission process should only be used in response to a deficiency letter. Original photos should normally be submitted with your application. E-Mail Addresses for Submissions: Photos should be submitted to the deficiency mailbox...
Lessons from the State Liquor Authority (SLA)
by evansfox | Sep 7, 2016 | Retail Liquor License
The new Liquor Authority administration has started strong. There are 5 lessons licensees, practitioners, and applicants should learn from the recent activity: Applications are more likely to be disapproved if incomplete or unclear on any issues. The goal to decrease...
What to do if your building has more than one legal address
by evansfox | Sep 6, 2016 | Restaurants & Bar, Retail Liquor License
The Authority is now requiring that the address appearing on the license, bond and lease match the 911 system and the deed for the property. This can be confusing when it differs from the mailing address for the leased premises. Let’s look at an example. A corner...
Are Proprietary Food and Beverage Item Names Protectable? We still don’t know.
by evansfox | Sep 5, 2016 | Restaurants & Bar, Retail Liquor License
In Tomaydo-Tomahhdo LLC et al. v. Vozary et al., an Ohio restaurateur appealed to the Sixth Circuit arguing that her recipes deserve copyright protection. She argued unsuccessfully that her former business partner had copied her creative compilation of dishes, not...
What does the Cider Act mean for your cider production? Up to $3.80 per gallon tax savings!
by evansfox | Sep 4, 2016 | Retail Liquor License
The CIDER act was finally passed. What does this mean for NY wineries, breweries and cideries? It allows cider producers to produce a wider portfolio of products and still qualify for the tax breaks given to cider before it is taxed at the higher rates for other fruit...
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