Relax. You may not always need a COLA to register your brand in New Jersey.
In a prior post, we talked about the need to obtain a COLA for New Jersey brand registration per New Jersey regulations, even if the brand is sold intrastate only, or just in your taproom (and therefore would not require a COLA under federal law). » Read More
In prior posts, we discussed whether federal Certificate of Label Approval (“COLA”) approval was necessary to obtain state label approval in New Jersey and Pennsylvania, even if the product is sold exclusively in your state. We also discussed when the use of certain ingredients in beer triggers the need for formula approval. » Read More
As the beer landscape in the United States continues to change, the Brewers Association has announced a way for consumers to ensure the beer they are buying is produced by an official “craft brewer.” Breweries in the United States, meeting certain criteria discussed below, will be able to license the Independent Craft Brewer Seal from the Brewers Association for use on everything from labels to tap handles. » Read More
Each year the TTB conducts its Alcohol Beverage Sampling Program where it randomly purchases products to assess whether their labels comply with federal regulations and to test whether their contents comply with the information identified on the label (e.g. that the beer in a bottle labeled as 5.0% ABV is within the applicable tolerance, which is generally ± .3% ABV for beer). » Read More
With growler sales getting more popular in Pennsylvania, we decided to examine the relevant federal and state laws with regard to the refilling of growlers if they do not bear the labeling of your licensed business. » Read More
Beer companies have been hit hard lately when trying to register trademarks. As recently reported on our liquor blog, a beer distributor was denied registration of a logo that featured a skyscraper resembling the Empire State Building. The Trademark Trial and Appeal Board (“TTAB”) found that the use of the skyscraper image would dilute the famous trademarks held by ESRT Empire State Building LLC. » Read More
In a prior posting, we discussed a recent case in which the University of Kentucky claimed exclusive trademark rights in KENTUCKY for clothing. The University protested the use by a small brewer, Colin Fultz, of his mark KENTUCKY MIST MOONSHINE for clothing even though Kentucky was the place of manufacture of both Fultz’ moonshine and clothing. » Read More