Tag: Supreme Court

New Sixth Circuit Opinion: The Three-Tier System is Constitutional—Feigning Public Health Concerns to Discriminate is Not.

In a groundbreaking decision and major blow to interstate discrimination under the three-tier system, the Sixth Circuit Court of Appeals in Cincinnati held that Ohio’s discriminatory law prohibiting wine from being shipped to Ohio consumers from outside the state was unconstitutional. (Read Block v.… Continue Reading “New Sixth Circuit Opinion: The Three-Tier System is Constitutional—Feigning Public Health Concerns to Discriminate is Not.”

Fire Up Your Home Still!?! Maybe not just yet.

Taxation has always been associated with whiskey in the United States. The nation’s first excise tax, levied in 1791, was on whiskey, and was enacted to fund the national debt incurred during the Revolutionary War. Whiskey would be taxed again to fund subsequent wars,… Continue Reading “Fire Up Your Home Still!?! Maybe not just yet.”

New “We Were the First” Bourbon Lawsuit Rejected by the Sixth Circuit.

We all know bourbon brands that claim to be the first at something. One brand claims to honor the first person to have charred an oak barrel; another brand claims to be the first single barrel bourbon; yet another claims to have been the… Continue Reading “New “We Were the First” Bourbon Lawsuit Rejected by the Sixth Circuit.”

Sipp’n Corn Bourbon Law Update – Jack Daniel’s v. “Bad Spaniels” Dog Toy.

Ever since Old Crow and Old Taylor aggressively protected their trademarks in the 1800’s, setting the stage for current-day trademark law, whiskey has kept trademark attorneys busy. Brown-Forman’s Jack Daniel’s brand and VIP Products’ “Bad Spaniels” dog toy now have the opportunity to establish… Continue Reading “Sipp’n Corn Bourbon Law Update – Jack Daniel’s v. “Bad Spaniels” Dog Toy.”