Posts Tagged ‘business strategy’
The Brown Family Constitution
The Brown Family printed their Constitution on this Bourbon label, and the government ratified it late this summer.
The main point of the document seems to be keeping the publicly traded company under family control. Barron’s has estimated that “The Brown family owns about 70% of Brown-Forman’s Class A voting shares (BFA).” Six months ago The Wall Street Journal reported:
In an effort to ensure that it remains independent and under family control, liquor maker Brown-Forman Corp. is pushing to get family shareholders more involved in the company. … The effort is among the strongest in a growing number of family-controlled companies trying to better educate and unify family shareholders. … Today, there are 117 living descendants of the founder and 38 widows or spouses, the company says. … Potential suitors could include spirits giants Diageo PLC, Pernod Ricard SA or Bacardi Ltd.
The Sunday Paper explains that Old Forester Bourbon became America’s first bottled bourbon in 1870. George Garvin Brown handwrote a guarantee and his signature on every bottle. Old Forester is named after Dr. William Forrester, a leading doctor in Louisville. It is:
the only bourbon legally produced and sold before, during and after Prohibition. From 1920 to 1933, its distillers held one of only 10 government permits that allowed production of bourbon for medicinal purposes. … When Prohibition was enforced, there were more than 200 distilling operations in Kentucky alone—all put out of business in one fell swoop. … The Old Forester strain of yeast is the oldest strain of yeast in the industry.
The Barron’s article, from a few years ago, says “Brown-Forman’s fortunes hinge on Jack Daniel’s, which accounts for some two-thirds of profits. … Brown-Forman might not exist today, save for its purchase of Jack Daniel’s for $18 million in 1956.”
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Bemdesor and Bod Liqbt
These brand names don’t exactly roll off your tongue. That won’t stop Anheuser-Busch from bringing them to a TV near you. Keep your eyes peeled for these malt beverage products on TV and in the movies.
A few days ago, The Beersage raised good questions about these labels. At first it was not at all clear, but after some looking around, a good reason comes into focus.
This year’s approval for Bemdesor does not shed much light, nor does this year’s approval for Bod Liqbt. Go back a few more years, however, and it becomes clear. This 2006 approval for the mellifluous Bemdesor Seqyct quite clearly states:
THIS LABEL IS BEING USED FOR DISPLAY IN MOVIE/TV PROGRAMS ONLY. THE BOTTLE WILL BE FILLED WITH A NON-ALCOHOL PRODUCT IN ORDER TO COMPLY WITH FCC REQUIREMENTS.
A-B has used labels of this sort since at least as far back as 2003; here is an early Bod and here is an early Bemdesor. So far there is no sign of the FCC rule at issue, and it’s not the rule cited here. TTB does require something similar at 27 CFR § 7.54(b)(2): “Any label depicted on a bottle in an advertisement shall be a reproduction of an approved label.” Here are ten famous product placements for beer (with nary a mention of Bemdesor).
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business strategy, legally interesting/controversial
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Too Remote Brewery
Lang Creek Brewery bills billed itself as “America’s Most Remote Brewery” and is was 500 miles east of Seattle, in Marion, Montana.
Perhaps it was too remote. Sadly, it closed a few months ago. The above is one of the last of about 12 approvals over just five months (for the most recent owner of the brewery). It’s a tough business and I suppose it’s even tougher when things like supplies and repairs and visitors are a few hours away. New West explains why the brewery could not carry on, complete with good photos. In the article, Lang’s marketing director confirms:
“The idea was great, the location was awesome — it’s such a gorgeous piece of property. … But business-wise it’s just hard to make a living when you don’t have consumers all around you.”
Was it really America’s most remote brewery? By what measure? What’s the most remote brewery now?
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Puzzle Time Wines
As lawyers, we would never condone playing games on wine labels. But here are two examples where TTB was okay with it.
On the left, Puzzle Time wine has a word search game.
On the right, the Fetzer label features a “rebus.” That’s right, a rebus. The approval describes a rebus as “a kind of word puzzle that uses pictures to represent words or parts of words.” Can you read the rebus on this label? I don’t want to spoil the fun here, but the answer can be found on the label approval.
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