GLO Team

Protect Your Brew: National Beer Day and IP

Posted on by Gavin Law Offices

It’s no secret that Virginia loves a good brew. Virginia boasts an impressive selection of craft breweries and cideries, with more than 30 breweries in Richmond alone! But, did you know that several other states have an even higher proportion of breweries per capita? Vermont, Maine, and much of the Pacific Northwest carry an even denser selection of craft beer.  With so many small and mid-size independent brewers emerging in Virginia and across the country, it’s important for those in this increasingly competitive industry to understand their intellectual property rights. This National Beer Day, we wanted to share important legal considerations for those in the industry.

Our legal team tailors our established expertise in the field of intellectual property to assist in the protection and success of brewery-specific concerns.  From business formation to naming your brews, to protecting specialty artwork and maintaining local partnerships we offer assistance so you can focus on your craft.

Trademark Law:

How much have you attached to your brand’s name and logo? A trademark represents all the hard work you have put into your business and sets you apart in the field.  We can assist you with protecting your business/brewery name, beverage names, and taglines or slogans and enforce your rights in the same.  It is important to take steps to solidify your brand and ensure that your product is not confused with others.  Additionally, working with counsel prior to using a new trademark can help protect you from infringing upon others’ rights, and could avoid a costly infringement scenario.

Trade Secret Law:

How important are your recipes to your business? The recipes for your unique ciders and brews are only as valuable as they are kept in confidence. Trade secrets can be vital to a company’s survival, and are often among a business’s most valuable corporate assets.  Failing to properly protect trade secrets (for example, by filing a patent for a recipe that then discloses the details to the public) can prove disastrous for businesses.  Trade secret law provides an avenue to protect your valuable intellectual property while allowing it to be kept secret and potentially protected forever (while a patent only lasts for 20 years, a trade secret will last for as long as it is kept secret). Fortunately, there are measures you can take as well as policies and contractual provisions we can help you put in place to help protect your trade secrets.

Copyright Law:

Do you have artwork on your label? Did an artist create your logo or website? Alcohol brands dabble in copyright law more than you may expect. Brands should recognize the importance of filing and registering copyrightable subject matter to protect their hard work. Copyright registration and strong contracts and/or copyright assignments when necessary can help avoid preventable issues such as ownership disputes and infringement actions.  For example, under copyright law the author of the artwork, logo, website, etc., could own that material instead of the business unless the business has agreements in place that state otherwise. Our team can help ensure rights to commissioned works are transferred appropriately and provide the best copyright enforcement approach.

Licensing Law:

Do you want to partner with a local bakery for a wheat beer? How about a local coffee place for a stout? These kinds of deals can involve the sharing of proprietary information, and the parties may need to obtain permission to use the other’s trademarks and/or copyrights to market the product. Ensuring that proprietary information is kept confidential, and that certain guidelines are followed by the other business using your trademark, are smart measures to take.

Contract Law:

One of the best ways to safeguard against the various intellectual property issues mentioned above, as well as other legal issues impacting breweries, is a well drafted contract. Do your existing contracts cover all the bases with your vendors, business partners, or other third parties? How about your employment agreements?  Are they protective enough of your company in the event of a disgruntled employee? Thinking through these issues and contacting an attorney for assistance is not cynical – it’s a smart step towards safeguarding your business and ensuring its success.  Companies in the alcohol industry have significant need of contracts due to the many moving components needed to operate, and there is no one-size-fits-all contract.  Notably, brewers conducting business in certain states including California and Virginia should consider whether data privacy laws apply to their businesses that may impact their contractual requirements (The forthcoming  Virginia Consumer Data Protection Act may affect your business, which you can learn more about here.)

Celebration of National Beer Day on a brewery patio in Richmond, VA

This National Beer Day, we would like to raise a glass to the love and dedication that Virginia brewers pour into their craft.  Craft breweries, cideries, and wineries in any state should explore how considering these legal issues and putting protections in place can benefit their business. No matter what your specialty is, we want to help you protect it.

(This blog post is not intended as legal advice.  Please contact us for more information and assistance regarding your particular situation.)

 

 

Celebrating St. Patrick’s Day the Trademark Way

Posted on by Gavin Law Offices

Although St. Patrick himself is steeped in hundreds of years of legend, there are a few remaining things that we know today. Many scholars credit him with bringing Christianity to the Irish people. We celebrate him on the 17th of March, the date that supposedly marks his death. One of the most common legends that most people may know revolves around the shamrock, a symbol of Ireland frequently used with the holiday and with Irish products and services. The tale holds that St. Patrick used the three leaves on commonly found Irish clover, the shamrock, to explain the Holy Trinity of Father, Son, and Holy Spirit. Since his death, the tales of St. Patrick’s life have grown and become strongly tied with Irish culture.

The modern holiday began on the small island years ago but it has now grown into a major celebration with economic opportunity. No shortage of green items are available to enhance the festivities. This St. Patrick’s Day, our team took some time during our regular Thursday afternoon meeting to host a Skribll.io tournament. The Irish theme meant drawing prompts such as shamrock, rainbow, pot of gold, and the classic green beer.

Speaking of Irish symbols, there are several Irish and St. Patrick’s-related examples of protected intellectual property. The U.S. Trademark Office has thousands of registrations and pending applications that feature a shamrock as part of the design. One product somewhat synonymous with the holiday is the classic pint of Guinness. Guinness first trademarked its iconic harp in 1876. The same type of Irish harp is actually the Republic of Ireland’s official national emblem. In order to differentiate between the two, the Irish government turned the harp the opposite direction! Trademark complexity is as old as the protections themselves, but that’s where we can help. Gavin Law Offices is here for all your trademark needs.

 

(This is not intended as legal advice. Contact a lawyer for assistance in your particular situation.)

 

 

How We Read Across America

Posted on by Gavin Law Offices

Today, March 2nd, marks National Read Across America Day.

This day celebrates and stands as a reminder of how important it is for children and teens to read. In honor of this celebration of reading, our team brainstormed some of our favorites and recommendations.

  1. Favorite book as a child
    • Hitchhiker’s Guide to the Galaxy by Douglas Adams
    • The Nancy Drew series, published by Edward Stratemeyer
    • The Harry Potter series by J.K. Rowling
    • Works by Shel Silverstein
    • The Wizard of Oz series by L. Frank Baum
    • The Junie B. Jones series by Barbara Park
    • The Eragon series by Christopher Paolini
  1. A book every child should read:
    • The Giver by Lois Lowry
    • Where the Wild Things Are by Maurice Sendak
    • Where the Sidewalk Ends by Shel Silverstein
    • Charlotte’s Web by E.B. White
  1. A book every adult should read:
    • The Great Gatsby
    • The Things They Carried by Tim O’Brien
    • A People’s History of the United States by Howard Zinn
    • Braiding Sweetgrass by Robin Wall Kimmerer
  1. Favorite Non-fiction Book
    • Devil in the White City by Erik Larson
    • Braiding Sweetgrass by Robin Wall Kimmerer
    • Happy City by Charles Montgomery
    • The Worst Hard Time by Timothy Egan
    • The Bible
  1. Favorite Legal Book
    • To Kill a Mockingbird by Harper Lee
    • Bourbon Justice: How Whiskey Law Shaped America by Brian F. Haara
    • The Nine: Inside the Secret World of the Supreme Court by Jeffrey Toobin
    • Gideon’s Trumpet by Anthony Lewis
    • Evicted: Poverty and Profit in the American City by Matthew Desmond
    • Just Mercy by Brian Stevenson

 

Lastly, as part of Read Across America’s mission to empower young readers, Rina wanted to recommend The Read-Aloud Handbook by Jim Trelease. She shared that it’s an amazing book on the importance of reading to children when they are young. Kat similarly had a few other titles that didn’t quite fit the questions that she wanted to share. As an avid fan of financial literacy books, the two that she would suggest for everyone are I Will Teach You to be Rich by Ramit Sethi and Money Master the Game by Tony Robbins.

We hope you’re able to find a good read to celebrate National Reading Month in March and Read Across America. What are some of your recommendations or favorite reads?

 

– Lily Taggart

Valentine’s Day Fun Facts!

Posted on by Gavin Law Offices

Candy, flowers, and even heart-shaped pizzas may come to mind when preparing for the 14th of February. 

But where do these traditions come from? How are Americans celebrating this year? Here’s some fun facts about Valentine’s Day:  

  1. Not surprisingly, the Legend of St. Valentine bears little resemblance to our modern celebrations. It is alleged that before his death, St. Valentine signed a letter to his love with “From your Valentine.” 
  2. The Greeting Card association estimates that 145 million Valentine’s Day Cards are sent every year, second only to Christmas.
  3. A somewhat polarizing celebration among Americans, only around half of U.S. adults will celebrate Valentine’s Day this year, according to statista. 

Recognized by many as a celebration of love, Valentine’s Day in the United States also represents major economic activity. In total, consumer spending on Valentine’s Day in the U.S. is expected to total 21.8 billion dollars this year. This is quite a large number, but is actually significantly less than years prior due to the COVID-19 pandemic. Dining-out options represent another likely change for this year. More people will be celebrating with a night in or ordering take out rather than a traditional date night. 

If you’re looking for last minute gifts or activities, here are some options:

  1. Gift cards for a favorite local business. With economic uncertainty, now is an extra important time to spread some love and support to the local community.  
  2. DIY “coupons.” Make slips of paper with activities to give to your loved one to redeem when they wish. These could be thoughtful gestures like serve breakfast in bed or playful options such as watch your (terrible) show, set thermostat to your (freezing) setting, and load dishwasher your (wrong) way. Not only are these coupons an inexpensive option, they can also really come from the heart as you personalize them and add some levity to pandemic life! 
  3. Virtual “Palentine’s” party! Single? Complicated? No worries! This time of year isn’t just for romantic love – set up a call with friends to watch cheesy rom-coms, share embarrassing date stories, test out a cat filter, and snack on everything heart-shaped.  

Valentine's themed treat boxes sit atop the front desk at Gavin Law Offices

 

This year we were inspired by Valentine’s celebrations of our youth and set up small treat boxes in the office. Everyone received candy, stickers, and a small fortune to unbox. In addition, team members decided to get small surprises to give to one another!

So, how are you celebrating this February 14th? 

Romantic candle lit dinner with a loved one? Or is it a time to poke fun at our traditions and instead gather – virtually – with friends? Let us know!  

 

January Focus: Self-care and Wellness

Posted on by Gavin Law Offices

Self-care can mean a lot of different things and everyone practices it a little differently. We wanted to highlight some of the ways that our team has been taking care of our well-being. To celebrate the new year, we decided to treat ourselves to facemasks.

Finding time to rest and relax is an important part of sustainable working habits. Some members of our team use candles and soft music to relax. Elizabeth sticks to a meditation routine and Jenn likes quiet days.

Taking care of ourselves involves more than just the ways in which we relax, itis also sticking with healthy routines. Here are some of the best ways to start your day, according to the GLO team:

Courtney: Coffee

Pam: A solid night’s rest

Jenn: Coffee, socks, and pups!

Elizabeth:  A (COVID-19 compliant) walk with close friends.

Lily: Upbeat music

There is a whole list of ways to practice self-care that works for your life, whether it be for your physical, mental, or any other part of your well-being! This could look like daily routines that help support your goals or treating yourself to something special. Finding what helps you recharge is important, whether it’s daily increments of exercise, walks in sunny weather, or guilty pleasures like reality TV shows. Let us know how you relax and recharge!