June 8, 2015 A: When federal law says so. With more craft breweries turning to cans instead of bottles as the vehicle to bring their products to the public, the recent rise in demand for a larger, growler-sized can, or Crowler, is unsurprising. Most notably, Oskar Blues Brewery, has found a strong following for their Read more…

On behalf of Garner, Ginsburg & Johnsen, P.A. on Wednesday, March 24, 2010. Cases filed in the Federal Courts over the last two weeks involving franchisees and franchisors focus on termination and non-renewal.  Jersey Mike’s Franchise System, a submarine sandwich franchisor has sued Michael and Billie Snyder for trademark infringement and breach of a non-compete Read more…

On behalf of Garner, Ginsburg & Johnsen, P.A. on Sunday, June 15, 2014. A federal court in Louisville, Kentucky handed our client a double victory in a recent dispute with YUM!, the parent company of KFC, Pizza Hut and Taco Bell. Our client, Janko Enterprises, sued YUM! and its subsidiary Long John Silvers for misrepresentations Read more…

March 16, 2023 Is an Email Legally Binding? Several courts in the United States have recently ruled that email exchanges are sufficient to create or modify written contracts. Franchisees should be aware of these decisions to avoid unintentionally binding themselves in enforceable contracts. When Are Emails Enforceable Contracts? Certain contracts (including ones dealing with real Read more…

December 20 ,2017 As a law firm based in Minneapolis, we’re looking forward to having the Super Bowl in town this year.  As we get closer to the game, our brewery and distillery clients have been asking us about advertising for the Super Bowl.  Generally, breweries, bars, distilleries, restaurants, etc. have to be careful about Read more…

February 9, 2015 It seems like every day we come across some new absurd trademark dispute. Today, Red Bull, the energy drink maker, has opposed a small Virginia brewery’s right to trademark the name Old Ox Brewery. Why? As Red Bull argues, an ox is really just a castrated bull, so the two marks are Read more…

February 27, 2024 Ask most cannabis businesses what they would like to change about the industry and – aside from the 280E tax issue – many would say that they want better access to banking services. This is where the Secure and Fair Enforcement Regulation (SAFER) Banking Act, formerly known as the SAFE Banking Act Read more…

March 15, 2018 A guest post from Gary Nicholas of Nicholas Brewing Projects The Tax Cuts & Jobs Act of 2017 affects federal excise taxes (FET) and includes other provisions involving alcoholic beverages. According to the Craft Beverage Modernization & Tax Reform Act (CBMTRA) — a bill introduced into both the U.S. House of Representatives Read more…

March 16, 2023 In the traditional franchise relationship, franchisors work directly with franchisees to provide training, approve advertising material and otherwise support their franchisees through the various stages of the business. In some systems, however, franchisors delegate their support requirements to master franchisees, also commonly known as area representatives.  If you are a potential franchisee Read more…

November 7, 2019 Founders Brewing Co., Michigan’s largest brewery, is once again facing criticism after its Detroit taproom general manager refused to acknowledge a former employee’s race in a deposition relating to a discrimination lawsuit against the brewery. About The Founders Brewing Company Discrimination Lawsuit: A former Founders Brewing Co. employee, Tracy Evans, filed a Read more…

January 13, 2015 To begin the new year and its new session, Congress showed that it still knows how to reach across the aisle when it comes to something that really matters. We’re referring, of course, to beer. Representatives Erik Paulsen (R-Minn.) and Richard E. Neal (D-Mass.) reintroduced the Small Brewer Reinvestment and Expanding Workforce Read more…