Category: Intellectual Property
TTB Expands Allowable Changes to Labels without Resubmission, but Reminds us that One Label "Does Not (Necessarily) Fit All"
Certificate of Label Approval (or COLA) can be one of the more frustrating processes for brewers. Each label must be approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Once the COLA is issued, only certain, limited changes can be made to the label without resubmitting it...
Are We Saying Goodbye to the Beer Babe?
The #MeToo movement has produced constant headlines and has helped positively change corporate culture. Is it possible for its breadth to include beer ads? Sexist beer ads have traditionally been the norm. Give a scantily clad gal a beer bottle, have her hold it to the camera, give a...
Out of the (Maine Beer) Box: Standing Out in a Global Marketplace
After traveling to Iceland with more than a dozen of Maine's brewers to greet the Maine Beer Box at the Bjorfestival in Reykijavik, Verrill Dana Attorney Tawny Alvarez reflected on the importance of standing out in a global marketplace in an article for the Craft Brand & Marketing Magazine...
Tips on Tap for Breweries on the Journey from Passion to Profit
As the number of craft breweries across the country continues to grow, Verrill Dana's Breweries, Distilleries & Wineries Group presents Tap Tips Podcast Miniseries to help brewers on the journey from passion to profit. The miniseries contains eight episodes to assist up-and-coming brewmasters and brewery owners to think critically...
No New COLA Required to Add Brewers Association’s Independent Craft Brewer Seal to Labels
The Brewers Association (BA) recently launched a seal to certify that a craft brewer is independent. This seal is, at least in part, in response to the global beer monoliths buying up formerly independent craft brewers as the large brewers' share of the market started to shrink. With more...
Labels – It’s Not just the TTB that’s watching
As purveyors of beverages containing alcohol, most craft brewers, distillers and wineries are aware of the Alcohol and Tobacco Tax And Trade Bureau ("TTB") rules for labels, and the sometimes onerous task involved in getting those labels approved. To avoid extra expenses and delays, those who are not aware...
Brewers Association Marketing and Advertising Code Update: A beer by any other name doth taste as hoppy
Coming up with the recipe for your new brew is only half the battle, you also have to come up with a creative name and label. While we've discussed protecting your brand through trademarks in previous posts, brewers should also be aware of the revised Brewers Association Marketing and...
Build, Protect & Grow Your Brand
With the craft beer industry continuing to gain momentum, it becomes increasingly more difficult to come up with creative and unique beer and brewery names, as well as to ensure your recipes, people and logos remain your own. In an article for Craft Brewing Business , Verrill Dana attorney...
Canadian Company Pursues Moose Trademark: Trouble Brewing for Maine Beer Makers
As brewers and residents of Maine, whose state animal after all is a moose, this recent Bangor Daily News article about a large Canadian corporation chasing U.S. brewers with a trademark for "moose" is cause for concern. I know from my dealings with Maine brewers that potential disputes over...
Nuts and Bolts of Registering Your Brewery Name
We have previously covered the process for developing your brewery/distillery/winery's name , including the essential step of clearance. Once you have found and cleared the perfect name, the next step is to protect it. The best way to protect your name is by registering it as a trademark with...
Selecting Your Company's Name
Like anyone who has ever been a child 1 , I always wanted to have a cool nickname. Unfortunately, according to the unwritten rules of coolness, you can never give yourself a nickname. Luckily those interested in starting an alcoholic beverage business of your own, one of the key...
Deceptive Marketing Lawsuits Against Alcoholic Beverage Industry on the Rise
The number of lawsuits against alcoholic beverage manufacturers for alleged deceptive marketing grew again this past December, with both Guinness and Foster's Beer facing new lawsuits in federal court. In Massachusetts, a consumer filed suit against Guinness alleging that the company improperly advertised that "all Extra Stout sold in...
