Sovos ShipCompliant’s Post

As New York prepares to open its doors to DtC spirits shipping, what rules will distillers need to follow? And how can other states follow suit? Find out in our upcoming webinar with leaders from New York State Distillers Guild, Malkin Law and Sovos ShipCompliant. https://ow.ly/eZau50Tr5H8

Alcohol Beverage attorneys Michael Newman and Jason H. Barker will speak on a myLawCLE webinar, "Brewery and Distillery Law 101 (2024 Edition)," covering essential #legal and #regulatory topics for the #beer and #distilledspirits industries. They'll explore everything from #contract agreements to #trademarks and #marketing, providing key insights for industry professionals. https://bit.ly/4bGuEH0

We continue to see both states and the wholesale channel attack and make it harder for consumers to buy direct and producers and other sellers of products in the beverage alcohol business to sell, if you truly want to help educate and not just grumble about how things should modernize, you should sign up with the Craft Wine Association and support their educational efforts. No one else is doing this to help our industry.   If you sit idly just watching, it will be too late. Time to help educate legislators. #dtc #selfdistribution #freedomofchoice #letusbeadults #regulatorycompliance #freemarkets #modernize

🧐 Fun Fact: Did you know that under UK law, a will can still be valid even if it’s written on an unusual item? 🍷 In 1841, a farmer’s will written on an empty wine bottle was deemed legally binding! The key is that it must be signed and witnessed properly to be valid, no matter what it’s written on. 🖋️ #FunFact #UKWills #WillWriting #WiseOwlWills #EstatePlanning

CAFC vacated the dismissal of COGNAC opposition, ruling the Board erred in applying the DuPont factors. Fame, similarity of marks, and dilution claims all reconsidered. Read more here: [pdf link] #TrademarkLaw #LegalNews #CAFC #COGNAC

Kleinbard LLC attorney James Yoakum recently contributed a byline to American Distilling Institute's Distiller Magazine. In the article, James discusses exit strategies and key considerations for craft distillers thinking of selling their business. Read the full piece here: https://bit.ly/3vVWNdX #ClientNews #Publicrelations #Distilling

Making your own whiskey at home just became legal. Yes, you heard me right. A federal judge in Texas has declared a 156-year-old ban on at-home distilling unconstitutional. The case is Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau, U.S. District Court for the Northern District of Texas, No. 4:23-cv-01221. Key points: → The ban was found to exceed Congress's taxing power → It also violates the U.S. Constitution's Commerce Clause → A permanent injunction bars enforcement against the association's members The ruling is stayed for 14 days pending potential appeal. This decision could be a game-changer for hobbyists looking to legally produce whiskey and bourbon at home. The judge argued the ban: → Doesn't raise revenue, so it's not a valid exercise of taxing power → Can't be sustained under Congress' power to regulate interstate commerce Is at home distilling going to be the next big trend?

Offit Kurman, P.A. intellectual property attorney Marc Misthal recently weighed in on a California lawsuit where a restaurant claimed trade dress infringement over the unique plating of its galbi jjim dish. In an article for MLex® IP, Misthal explained that while trade dress protection for food presentation is rare, the distinctive way this dish is served could meet the legal criteria. Read more about the case and Misthal's insights here: https://lnkd.in/eK7XC_qz #TradeDress #IntellectualProperty #FoodLaw #OffitKurman

Understanding the regulatory landscape for Scotch whisky is crucial for those involved in the industry. From label design to bottling, compliance with the Scotch Whisky Regulations 2009 is essential to avoid enforcement action – both regulatory and for breach of intellectual property. In this article Alistair Drummond and Jennifer Talbot discuss the regulatory requirements to labelling and the key considerations bottling Scotch whisky. Full article: https://lnkd.in/dqK_hWau #ScotchWhisky #WhiskyRegulations #ScotchWhiskyLaw