This blog was originally written as a guest post for Indiana on Tap. If you missed it, you can find Part 1 here.

In Part 1 of our Trademarks & Craft Beer series, we discussed what trademarks are and how you can determine if you eligable to receive one.  In this post, we will dive deeper into how to actually receive a trademark and the steps that should be taken it enforce it.

How do you receive trademark protection?

A trademark qualifies for protection in two instances. The first and easiest way to receive trademark protection is to be the first to use the mark in commerce. Case law has interpreted the phrase “using the mark in commerce” as being the first person to sell your specific product to the public with your identifying mark on it. So, if you are the first to sell “Megahop Celebration” in connection with the sale of that beer, you will receive priority to use that mark over other future users. Unfortunately, the priority to use the mark is limited to the geographic area in which you sell your beer. So if you only sell “Megahop Celebration” in Indiana, and someone else comes forward later and starts selling the same beer in Oregon, it is unlikely that you will be able to prevent someone else from selling a beer with the same name in Oregon.  Plus, because the United States is a first-to-file system, if the Oregon brewery files for a federal trademark before you do, you would be limited to only using “Megahop Celebration” in Indiana.  So much for growing your brand.

If you missed it, you can find Part 1: FAA Regulations here.

On the TV show Modern Family, a drone spied on a sunbathing Gloria (invasion of privacy), Phil used his “professional aerial photography tool” or drone to find Luke and his friends (trespassing), and Jay crashed his model airplane into Phil while attempting to “thread the needle” (personal injury).  Modern Family comically illustrates some of the many potential legal issues drones present.  Before you or your company invests in a drone, you should consider three legal issues that are likely to be on the legal horizon for drone use:  tort liability, insurance, and products liability. 

Earlier this week, I met with the Greater Lafayette Regional Plan Steering Committee to lead a discussion on the entrepreneurial ecosystem in the Greater Lafayette area as part of a series of topic meetings aiding in the strategic plan development process. Our conversation can be broken up into four parts: 1) Why is a strong entrepreneurial ecosystem important? 2) What creates a strong ecosystem? 3) What is the current status of the ecosystem? 4) What strategies should be implemented moving forward?

This blog was originally written as a guest post for Indiana on Tap.

As most people know, the craft beer industry has exploded in the past ten years. In 2005, there were slightly less than 1,500 craft breweries in the United States. Now there are almost 3,500.  The explosion has led to a craft beer renaissance, which consumers have greatly benefited from. Breweries have been developing new styles and coming up with names that will make sure you never forget the beer you just finished. Names like Osiris® or Zombie Dust® automatically take our mind to a hop island paradise. As the explosion of new brews crowds bar taps and shelf space, protecting brands has become increasingly important.  

One of the best ways to protect your brand is to register your trademark. Doing so protects a brand’s reputation and it helps distinguish the quality of your libations from that of others. With only so many ways and names that you can coin the name of your beer it is imperative to choose a name that does not infringe on somebody else’s.

As a small business owner the stakes are high. At risk is the chance of spending thousands of dollars marketing a new beer to only find out that another brewery already has trademark rights to that name. To make sure that you do not make that mistake, this article will hopefully answer some questions that a new brewer or interested beer drinker might have about the ins and outs of trademarks, the process of obtaining one, and the strategy for enforcing it.

From expediting online order deliveries to gathering aerial information of farmers' fields with previously unseen economic and technological efficiencies, the drone industry could be the root of the next commercial revolution.  Drones, also called UAVs (Unmanned Aircraft Vehicles), were historically developed for military use, but we will likely see their commercial use increase exponentially as global businesses are expected to invest nearly $90 billion in drone technology in the next ten years.  Even if you or your company is not on the forefront of drone technology development, you should be aware of the implications of using a drone in connection with your business (or even recreationally).