November 20, 2015 We saw an article yesterday in the Minneapolis/St. Paul Business Journal, Lawyer-Owned Winery Gets Brewery Startup to Change Name. The title actually sums it up pretty well – a lawyer-owned Oregon-based winery, Bryn Mawr Vineyards, sent a cease and desist letter to startup Minneapolis-based brewery, Bryn Mawr Brewing for infringing on its Read more…

October 5, 2017 In 2015 and 2016, AB InBev offered an “incentive program” for distributors.  Generally, beer distributors are contractually required to spend a certain amount to advertise AB InBev beers each year.  Under its incentive program, AB InBev offered to refund seventy-five percent (75%) of these marketing funds if AB InBev beers made up Read more…

March 16, 2023 Many aspiring entrepreneurs turn to franchising to jumpstart their careers in the business world. An industry newbie can benefit from the well-established market, reputation, and business model of an existing franchise. With training and support from the company, a franchiser can use this opportunity as a launch pad from which to grow Read more…

July 1, 2015 On behalf of Garner, Ginsburg & Johnsen, P.A. on Wednesday, July 1, 2015. We are continuing the discussion from our last post about franchises and chains. There are some important differences that a business owner should consider before committing to one or the other. In our last post, we used a restaurant Read more…

October 20, 2023 Regardless of the license held, any person licensed to manufacture products must meet a number of requirements. These operational requirements apply to all cannabis product production whether a cannabis manufacturer or a microbusiness with a manufacturing endorsement. Facility: Cannabis manufacturing must take place in an enclosed, locked facility used exclusively for the Read more…

March 16, 2023 It’s a common question among franchisees: Can my franchisor impose obligations on me before I can take them to court? (e.g. in-person meetings, mediation, etc.) Franchisors commonly require that franchisees participate in meetings or mediation to try to resolve disputes informally before the franchisee can file a lawsuit or arbitration demand. Franchisees Read more…

August 8, 2014 Label approval is not only important for regulatory purposes, but also for trademark registration. Brewers and distillers tend to be creative in their naming and packaging of products and to make sure that creativity is properly protected, label approval is essential. In order to apply for registration of a trademark (unless filed Read more…

October 22, 2021 Franchisees are often unaware that franchisors can audit any and all franchisee records once they have bought a franchise. Franchisor auditing practices can create a lot of problems for franchisees. 1. Franchisors often recruit outside auditors that may not understand the business. This can result in auditors finding “franchise revenue” where there Read more…

July 14, 2023 Franchising in the cannabis industry is fraught with risks. You should not buy a cannabis franchise unless you have done significant due diligence, consulted with both a franchise lawyer and a cannabis lawyer, and know exactly what you are getting into. People who buy franchises are often told in marketing materials that Read more…

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…