Monthly Archives: March 2016

One size doesn’t fit all when it comes to contracts

Many employers download “standard” employment agreements from internet resources to use in their employee on-boarding process.  In fact, some payroll service providers provide subscriptions to online forms collections as a value add to their payroll services. These agreements can lead … Continue reading

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Including Kitchen Workers in tipping pools

The courts in part of the country (9th Circuit covering California, Oregon, Washington, Idaho, Montana, Nevada and Arizona) are supporting the US Department of Labor’s attack on restaurants who include kitchen workers in tipping pools.  The rule is clear: participating … Continue reading

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Bottle trade dress

Dan Aykroyd’s Crystal Head Vodka sued Elements Spirits for making a similar skull shaped tequila bottle with the KAH Day of the Dead Tequila brand.  The bottle design is a protected trade dress since it serves as an indicator of … Continue reading

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ABC’s of Celebrity Booze Endorsements

Endorsements from celebrities can boost sales of craft beverage products.  This success rate has prompted several celebrities to create their own booze brands.  Just to name a few: Justin Timberlake- Co-founded 901 Tequila. Dan Aykroyd – Crystal Head Vodka Dave … Continue reading

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Pasta Passes not Passing Trademark Examiner

Darden Restaurants owner of Olive Garden, applied to register “Never Ending Pasta Pass” for its promotion giving customer’s unlimited pasta for seven weeks for $100.  The Trademark Examiner rejected the mark’s “Pasta Pass” as “merely descriptive” and requiring those terms … Continue reading

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Is a Private Label Arrangement the right move for you?

Private label arrangements can bring in new sales channels and revenue streams.  However, a craft beverage producer should carefully evaluate whether such an arrangement is the right move for its business. Private labelling affords you the opportunity to reach larger … Continue reading

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Craft Beverage Producers take note – Native American names are off limits

Craft beverage producers take a significant risk in using product names that reference Native American Indians and their culture.  Even when used with an honorary intention, this practice could lead them into hot water with claims of disparagement.  The very … Continue reading

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AT THE CROSSROADS OF TRADEMARK AND LIQUOR LAW

Trademarks for the alcoholic beverage industry can be significantly different than trademarks in other industries.  There is a litany of regulations affecting alcoholic beverage production, distribution, and product labeling.  As they say, one size does not fit all.  I love … Continue reading

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False Advertising Claims Are Becoming Commonplace

Stevia In The Raw was marketed as an “all natural sweetener.”  The problem was that it contained GMOs.  The Stevia leaves undergo extensive chemical processing to produce the end product sold to consumers.  Critics alleged it was misleading and deceiving … Continue reading

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Customers and Regulators Claim “Liar! Liar!”

Customers and Regulators Claim “Liar! Liar!” Craft beverage producers should take note of a series of recent lawsuits and regulatory actions concerning allegedly deceptive advertising, including listing of ingredients on the label. In one recent case, Quaker Instant Oatmeal was … Continue reading

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