LEX VINI

NYSLA Proposes Advisory for Trademark Licensing Agreements

The New York State Liquor Authority is considering adopting an advisory regarding trademark licensing agreements between retailers and alcohol beverage producers.  If adopted, the advisory would prohibit certain trademark licensing agreements between retailers and suppliers (i.e., producers and wholesaler) that involve a licensing fee based upon a percentage of sales or that otherwise “correlate[s] with sales.”  According to the NYSLA, such arrangements violate state tied house law because they are indicia of a retailer having a direct or indirect interest in a supplier.

The draft advisory will be discussed at the June 30, 2015 NYSLA Board Meeting.  Interested parties can submit comments to NYSLA Secretary Jacqueline Held at Jacqueline.Held@sla.ny.gov by June 29, 2015.

 

6/30/2015 UPDATE – According to the NYSLA website, the hearing has been postponed until July 14, 2015.  

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