The folks at the U.S. Patent & Trademark Office (“PTO”) received nearly half a million trademark applications last year. These applications included thousands of new filings by breweries, vineyards, wineries, and distilleries. Here are five important lessons we learned from last year’s decisions by various trademark tribunals about protecting and registering your mark in the beer, wine or spirits industries.
Continue Reading Five Important Trademark Lessons the Beverages Trade Learned in 2014
Why California Breweries, Distilleries, and Wineries Need to Know About California’s New Industrial Storm Water Permit
My colleagues Ryan Waterman and Parissa Ebrahimzadeh have evaluated the potential impacts of the new California industrial storm water permit on breweries, distilleries, and wineries in the state. See below for their report.
On April 1, 2014, the California State Water Resources Control Board (“State Board”) unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a change sheet also adopted by the State Board.
By way of background, the federal Clean Water Act prohibits certain discharges of storm water containing pollutants except in compliance with a permit. The 2014 Permit is a state-wide permit (called a “general” permit) for all covered industrial facilities in California. Covered industrial facilities must comply with the 2014 Permit when it comes into force in order to be in compliance with the Clean Water Act.
The 2014 Permit completely re-writes the prior 1997 Industrial Storm Water permit (1997 Permit), and includes many substantive changes. In particular, the 2014 Permit will vastly increase the number of industries affected and impose new and increased compliance requirements.
That is one reason why California breweries, distilleries, and wineries need to know about the 2014 Permit.
SB 1335 and What it Means for Idaho Distilleries
Beginning July 1, 2014, Idaho distilleries will be allowed to provide samples of their products at their manufacturing facilities, as has been permitted at breweries and wineries throughout the state of Idaho for quite some time. There are some conditions on the samples offered by a manufacturer: (1) the samples must be free; (2) samples
What Distillers Can Expect From the Passage of SB 6226
Content authored by Susan Johnson, Stephanie Meier and Claire Mitchell:
Over the last decade the number of micro or craft distillers in the U.S. has gone up by almost 30 percent a year, going from just 50 in 2005 to more than 600 in 2013, according to the industry group the American Distilling Institute (ADI). Washington is a leader in this growing industry. The state boasts 83 distillers, more than any other state in the nation. Yet despite this remarkable growth, it is difficult for distilleries, especially small ones, to survive. Startup costs are often extremely high and zoning regulations can be cumbersome to navigate. In addition, most state laws restrict craft distilleries from selling spirits directly to retailers and consumers, and from charging for on-premises samples.
However, the Washington legislature recently passed a bill–SB 6226–that seeks to help distillers overcome some of these hurdles. The bill, originally sponsored by Senators Holmquist Newbry, King, Conway, Hewitt, and Kohl-Welles aims at removing burdensome restrictions on distillery operations and supporting the state’s emerging craft-distillery industry by accomplishing the following:
- Increasing the annual spirits production limit for craft distillers from 60,000 gallons to 150,000 gallons.
- Eliminating the 3 liter per day per person limit on the sale of spirits by a craft distiller for off-premises consumption.
- Authorizing a craft distillery to charge customers a fee for spirits samples of 0.5 ounce or less served to them on-premises.
- Authorizing any licensed distillery to: 1.) sell spirits of its own production for consumption off the premises; 2.) contract with, and sell spirits to, other licensed distillers and manufacturers; and, 3.) provide for free, or for a charge, spirits samples of 0.5 ounce or less to customers on the premises, subject to a daily maximum of 2 ounces per person per day.
Continue Reading What Distillers Can Expect From the Passage of SB 6226
New California General Industrial Storm Water Permit Slated For Adoption on April 1, 2014 May Hold Surprises for California’s Wineries, Breweries and Distilleries
Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents. This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit issued in 1997.
The Draft Industrial
Dinner and a Movie for the Whole Family!
Movie theaters with restaurant-style food service will reach a broader audience with the recent signing into law of a bill passed by the Washington State Legislature allowing service of food and alcoholic beverages to their patrons. The law as currently written allows some service of alcohol in movie theaters, but requires exclusion of minors from the premises. The new law will create a new, more family friendly, beer, wine and spirits license for theaters. The license will allow minors if certain conditions are met and approved by the Washington State Liquor Control Board, such as submission of an alcohol control plan outlining the methods to prevent minors from obtaining alcohol, similar to plans that are required for clubs and show venues that host all‑ages concerts. Theaters will also be required to meet food and service requirements, similar to restaurants, to qualify for the license. (Senate Bill 5607 as Passed by Legislature)
Sales Limit Increase Could Give Washington State Craft Distilleries More Momentum in the Retail Market
This week, a bill passed the Washington legislature that will allow a craft distillery to sell more of its product to customers visiting its distillery.
House Bill 1149 has been sent to Governor Inslee to sign in to law, amending RCW 66.24.145 to allow a craft distillery to sell a maximum of three liters of
Stoel Rives Wine, Beer and Distilled Spirits Group Recognized by Chambers USA
Stoel Rives LLP is pleased to announce that the firm’s Wine, Beer and Distilled Spirits group has been recognized by Chambers USA as a nationwide leader in the category of "Food & Beverages: Alcohol." Stoel Rives is one of only 10 firms nationwide to be ranked in this category.
Stoel Rives partner and founding chair