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 retailers, especially those thinking about setting up programs to sell online shouldn’t take their eyes off this matter as it provides review of an as-of-yet…

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 not infringe on the more realistic Johnny Love lipstick mark and that the Johnny Love mark shouldn’t be invalidated. In discussing the decision after a…

Several months ago, medical marijuana dispensary operator, Ultra Health, won its case against the State of New Mexico for New Mexico’s odd actions in attempting to restrict how and what Ultra Health could display regarding its processes and cannabis plants at the New Mexico State Fair and for New Mexico’s improper actions for suspending Ultra Health’s licenses (22 dispensaries in New Mexico) following the incident. The State continued to restrict the free speech rights of the medical marijuana dispensary at the following year’s state fair  You can read the full opinion from the Federal District Court for the District…

We called this a while back for the broadcasters, producers, and distributors challenging Missouri’s restrictions on alcohol advertising contained in the state’s three-tier “of value” and tied-house laws and regulations.  You can read our analysis and a description of the issues in our prior posts on the case, here, here, here, and here. You’ll note this has been bouncing around for a while now as the state originally won a motion to dismiss the lawsuit challenging certain Missouri liquor advertising restrictions as violative of the First Amendment. The 8th Circuit reversed that decision finding that the…

Vintage Wine Estates filed a lawsuit against Lloyd’s London and other insurers after the insurance companies failed to reimburse Vintage under an “all risk” insurance policy – denying claims that the policy covered losses Vintage suffered damage to its wines caused by the October 2017 wildfires in Sonoma County, Napa County and surrounding areas. The complaint alleges that smoke from the wildfires infiltrated the winemaking process resulting in substantial damage commonly referred to as “smoke taint” to Vintage’s wines.  Of particular interest to wineries, breweries and distilleries looking to hold insurers accountable under policies they’ve paid for over damaged products,…

More to follow on this in the upcoming days as we detail the issues debriefed and handled by the Illinois Department of Agriculture in the FAQs on their newly published Cannabis Craft Grower, Cannabis Infuser, and Cannabis Transporter applications. You can find the applications for the licenses created under Illinois’s Cannabis Regulation and Tax Act (410 ILCS 705) as well as links to the Department of Agriculture’s emergency administrative rules on the Cannabis license applications and process here. The post Illinois Department of Agriculture posts cannabis craft grower, infuser, and transporter applications. (We’ve got the link for …

The 6th Circuit’s “Amazon of liquor” case is about in-state liquor retailers having the privilege to ship liquor directly to residents, but denying that right to out-of-state alcohol retailers. One of the many foreseeable and inevitable Commerce Clause challenges to idiotic three-tier state-restricted liquor laws that are based on bad science and antequated reasoning from the 1930s.  Liquor lawyers and others looking for more information can read our coverage of this case at both the District Court level challenge to the out-of-state retailers’ rights for direct-wine shipping as well as find the prior briefs filed in the 6th Circuit…

In a profound lesson to include choice of counsel and defense obligations in your sponsorship contracts, Jason Mraz has filed this complaint against MillerCoors over MillerCoors’ use of Jason Mraz’s May 2019 performance at the Beach Life Festival in an Instagram ad promoting MillerCoors.  The complaint alleges that MillerCoors used Mraz’s image and copyrighted material in the advertisement without his permission superimposing the Coors Light Logo over the ad. The complaint alleges copyright violation, Lanham Act violation, violation of Mraz’s right of publicity and California statutory claims.  The complaint notes that the video was 13 seconds and does not…

The December 20, 2019, copy of the Illinois Register contains an end-of-year present for some Illinois beer, wine and liquor retailers in the form of a proposed rule from the Illinois Liquor Control Commission addressing the circumstances and manner in which Illinois’s alcoholic liquor (beer, wine, and spirits) retailers can accomplish certain forms of quantity discounting (cooperative purchasing, coupons, rebates) in their purchasing from wholesalers and manufacturers.  The proposed rulemaking will amend Illinois’s new-ish “of value” rules for interactions between retailers, distributors, and manufacturers which can be found at Title 11, Section 100.500 of the Illinois Administrative Code. With…