Aguirre Allen Law works with craft breweries to assure a strong foundation and continued growth and success in an increasingly competitive craft beer market. We provide practical, cost-effective legal advice in the following areas that are essential to your brewery’s success:
Forming Your Craft Brewery Business
Forming a new company is an exciting and daunting task and getting the setup right is critical. Amanda will advise you on issues related to formation, including whether to form a corporation or a limited liability company. There are many factors to consider including financing, investors requirements and expansions plans. Amanda is experienced in drafting formation documents that fit your specific needs and will serve as a guide for years to come as the brewery takes on new challenges and opportunities.
Protecting Your Brand –
Aguirre Allen Law provides trademark and copyright services. We will help you navigate the process of conceptualizing and developing a brand that is distinctive and legally protectable. If you are interested in filing for trademark protection with the United States Patent and Trademark Office, we can help you research, prepare, and file your application at a price that won’t break the bank! We will see your application through addressing any office actions or opposition in a timely responsive manner. Communication is critical to seeing the trademark process through and assuring your brand is protected.
Copyrights exist any time craft breweries create something in tangible form. However, the protections you are afforded are not as great as those provided to registered copyrights. Aguirre Allen Law can help you register your copyright and protect your creations! In addition, we can help assure you are not violating any copyrights as well. Not all uses of copyrighted material without the owner’s permission constitutes illegal infringement. There are certain defenses to a claim of infringement. One of those defenses is fair use. The fair use doctrine allows someone to use another’s copyrighted material without being liable for infringement. Aguirre Allen Law welcomes the opportunity to help you determine whether your use may fall under fair use.
TRADE SECRERTS AND NON-DISCLOSURE AGREEMENTS
Craft breweries, although often willing to share information, have many trade secrets worth protecting. Your trade secret information is information that you do not want employees, clients, or independent contractors disclosing to the public. Keep your trade secret information secret by crafting legally enforceable trade secret non-disclosure agreements. Aguirre Allen Law can draft custom trade secret non-disclosure agreements to ensure you are protected.
Collaboration is king among craft breweries. Others may want to use your protected designs or materials. Now that you’ve created and protected your copyrightable material, we can help craft licensing agreements that will allow others to use your materials and protect your future rights.
Aguirre Allen Law specialized in real estate law. We know the business of craft beer and will work with you to understand your real estate needs and concerns. In an increasingly competitive craft beer market, location is more important now than ever. It is important for an attorney with an understanding of the craft beer industry to review your lease. Aguirre Allen Law can provide an effective and affordable review of your lease that will result in lower risk of landlord/tenant issues for the duration of your lease and that will save you time, money and headache. In addition, alcohol and beverage law currently allows up to six duplicate liquor licenses. Breweries looking to expand and open new tasting rooms should work with Aguirre Allen Law on lease letter of intent, leases and contracts to assure the success of the expansion.
PURCHASE AND SALE
More and more breweries are buying property. Purchase and sale of real estate is complicated and one of the biggest decisions you will make running a business. Aguirre Allen Law provides comprehensive legal guidance throughout the process, either reviewing a form agreement prepared by a broker or drafting a custom real property purchase and sale agreement. You will get advice on representations and warranties, due diligence, conditions of sale and more. Often, where buyer and seller may appear to have come to an impasse in negotiations, Aguirre Allen Law can provide creative solutions to solve any concerns and help you get your deal done.
Ideally, craft breweries have wonderful, supportive neighbors, but this does not always happen. Breweries in adjacent to residential neighbor hoods are more likely to deal with neighbor concerns or complaints. Often these complaint relate to the craft breweries use of the property as permitted by local municipal codes. It is critical to deal with neighbor disputes head on. The dispute may require some personal attention, referral to insurance or the guidance of an attorney to minimize risk of costly legal action. Aguirre Allen Law will work with you to avoid costly litigation and build lasting agreements with neighbors to assure the long term success of the brewery.
Alcohol and Beverage Control (ABC) and Alcohol and Tobacco Tax and Trade Bureau (TTB)
Aguirre Allen Law can provide guidance on license applications and filings. There are unique issues with the TTB such as implications for owners of craft breweries owning 10% or more of the business. Alcohol and beverage laws regulated by the ABC are also unique. Unlike other laws, such as criminal laws, that outline what you cannot do, the alcohol and beverage laws outline what you can do as a craft brewery. Not surprisingly, as technology and the craft beer industry evolve, there are lots of grey area issues that your Aguirre Allen Law can work with you on to minimize risk and assure compliance with ABC.
CONTRACTS AND NEGOTIATIONS
From distribution agreements to vendor contracts, Aguirre Allen Law can help assure that you are minimizing your risk and potential liability. With experience in litigation over contracts, we know how to draft contracts that avoid lawsuits and save you time and money if disputes arise. We work with you to assure a practical and efficient approach to drafting and reviewing contracts that provides your business value without breaking the bank.