by evansfox | Jan 17, 2019
Yesterday, we looked at the background of an important case at the Supreme Court, Tennessee Retailers Association v. Byrd, et. al. Oral arguments were held January 16, 2019 at the United States Supreme Court. A link to the transcript can be found here. A decision...
by evansfox | Jan 16, 2019
My practice focuses on businesses in the alcoholic beverage industry. Trafficking in the manufacture and sale of alcohol is heavily regulated at the federal, state and local level, presenting many unusual issues not faced by our other business clients. Today,...
by evansfox | Jun 27, 2018
E.&J. Gallo Winery opposed an application by Philly’s Premium Beverages, to register “Naked Ape Banana” egg cream liqueur. Gallo, producer of “Naked Grape” wines, thought the name was likely to cause confusion with its popular line of...
by evansfox | Jun 26, 2018
An application was filed by Brown-Forman (distiller of Jack Daniels) to register the name of its “Woodford Reserve Double Oaked.” This high-end version of bourbon is aged in two charred-oak barrels rather than a standard one, a process which Brown-Foreman caims...
by evansfox | Jun 22, 2018
TTB will not approve any formulas or labels for alcohol beverage products that contain marijuana. The federal Controlled Substances Act (CSA), defines marijuana as all parts of the Cannabis sativa L. plant (and its derivatives) including tetrahydrocannabinols (THC),...
by evansfox | Apr 6, 2018
A customer sued Tito’s Handmade Vodka claiming the distiller misled consumers into believing it was handmade when the production process was actually “highly automated.” Recently settled, the customer was bringing a class action suit because the product name deceived...