Craft Brew News
04/03/20
(Courtesy of www.Brewbound.com)

Massachusetts Lawmakers Approve Bill to Allow Restaurants to Sell Alcohol To-Go

The state of Massachusetts, which temporarily banned on-premise dining and drinking on March 17, has taken a step toward approving to-go sales of beer and wine, something most other northeastern states have had in places since their on-premise bans began.

The state Senate passed a bill Monday, that would allow licensed on-premise businesses to sell beer or wine for off-premise consumption.

The measure would limit sales to wine and malt beverages sold in sealed containers. Wine must be in its original container, but the measure does not make the same stipulation for beer, which opens the opportunity for growler and crowler sales. All sales of alcoholic beverages must be part of a transaction that also includes food.

Governors of other states, such as New York, New Jersey and Connecticut, have enabled on-premise to-go sales through executive orders.

Stone Brewing v. MillerCoors Lawsuit Heads to Trial in October

San Diego-headquartered Stone Brewing’s long-running trademark infringement lawsuit against Molson Coors’ Keystone brand will move to trial in October.

Stone first brought the lawsuit against MillerCoors, the U.S. business unit of Molson Coors, which is now known as Molson Coors Beverage Company, alleging that the April 2017 packaging and marketing refresh for the company’s Keystone Light brand that more prominently featured the word “Stone” infringed on the craft brewery’s intellectual property.

The years-long lawsuit has centered on the strength of Stone Brewing’s trademark. In an earlier finding, the court ruled that the Stone mark “was conceptually and commercially strong and recognizable” based on evidence Stone presented that included the 1997 filing of its mark. Because the mark was not contested for five years, it earned “incontestable status.”

MillerCoors has argued that the Stone trademark is “conceptually weak because at least 10 other craft breweries actively use the word ‘Stone’ in their name.” Data submitted showing that 53% of beer drinkers surveyed “had never heard of Stone Brewing” suggested that the Stone mark is “commercially” weak. This disconnect will be determined by a jury.

Stone Brewing is seeking to recover the $1 billion in “infringing sales” that Keystone has made since the lawsuit began. In a statement, Stone Brewing CEO Dominic Engels called the move forward to a trial “a good day for independent craft beer and our employees.”

Constellation Brands’ Mexicali Brewery Hits Roadblock

Constellation Brands’ $1.4 billion brewery in Mexicali, Baja California, Mexico, was rejected during a local referendum last weekend, with 76.1% of voters opposing the project, according to Mexico News Daily. The project was first announced in January 2016 and was expected to be completed by FY2023.

Residents are concerned the brewery will use too much water, and the National Water Commission will not provide necessary permits to open the brewery, deputy interior minister for democratic development and social participation Diana Alvarez said.

In a statement, Constellation CEO Bill Newlands said the company would “continue working with local authorities, government officials and members of the community on next steps related to our brewery construction project in Mexicali and options elsewhere in Mexico.”

Cowen analyst Vivien Azer noted that the rejection of the Mexicali brewery raises several questions, including capacity constraints beyond fiscal year 2021 and cash outlays (as Constellation has already invested $900 million in the plant).


Judge Rejects Preliminary Injunction Against Molson Coor’ Vizzy Seltzer

A federal judge has denied a request for a preliminary injunction by Future Proof, the parent company of Brizzy Seltzer Cocktails, which had sought to block Molson Coors Beverage Company from launching the Vizzy Hard Seltzer line.

Molson Coors chief communications and corporate affairs officer Adam Collins said in a statement , “The federal judge’s ruling confirms what we’ve always maintained, we have the right to launch and fully support Vizzy, a new, differentiated hard seltzer with antioxidant vitamin C from acerola superfruit that has retailers and distributors excited,”.

Future Proof, the Austin, Texas-based maker of Brizzy, filed the lawsuit against Molson Coors last month, claiming that Vizzy infringed on the trademark it has for Brizzy, which it filed for in November 2018.

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