Actually, no, I don't think you can sell an item for no charge. Where most people get into trouble is when the statute in question has the language "sell or otherwise dispose of," which many do. Giving something to someone for free is covered under the definition of "dispose of."
As for what constitutes commerce, go look for statutory and common-law definitions. That subject is so damn complicated that I'm not gonna touch it on this forum without significantly more education. Plus, just because something constitutes interstate commerce doesn't mean it's illegal. It just means it can be governed by federal statutes and regulations, so you'd have to find out if there are federal statutes that cover the distribution of alcohol.
Violating a state law is not going to land you in a federal prison just because you went across state lines. I'm pretty sure there has to be a Federal law that applies before that can happen.
But surely drinking it yourself would also be a form of disposal.
Yes, which is why the statutes go on to say "to another person." Given that Pete already specifically said that it's legal to brew for your own use, I didn't really think I would have to go into a word-by-word analysis of every part of this kind of regulation. If you want to know what the whole statute says, look it up. I'm already working on a research paper.
Actually, yes. I want something medieval fantasy-oriented, involving 2 or 3 adventurer archetypes (a warrior, an elf something, and a wizard maybe?) running in a panic from a shadowy something looming from off the label. I imagine something fairly cartoony-looking, like Phil Foglio level cartoony. The thing off the label shouldn't be defined; it should just have a vague looming and threatening shape.
I'm thinking that it would be from the perspective of the looming figure, such that it would be looking down at the panicking adventurers and its own shadow.
Bright and colorful, this one.
EDIT:
As for what constitutes commerce, go look for statutory and common-law definitions. That subject is so damn complicated that I'm not gonna touch it on this forum without significantly more education. Plus, just because something constitutes interstate commerce doesn't mean it's illegal. It just means it can be governed by federal statutes and regulations, so you'd have to find out if there are federal statutes that cover the distribution of alcohol.
I didn't mean to imply that it would be illegal because of interstate commerce. It's more that there are different things you have to do for a trademark that is to be "used or transported in commerce." It then goes on to say that it refers to any commerce that is regulated by Congress. I cannot find the definition of "commerce" except that it's the "sale or exchange of goods and services." I mean, does that I mean that I can exchange a beer (a good) for your feedback (a service)? Obviously, I need a lawyer to answer this for me.
The other problem is New York's brewing laws. In order to make beer for sale to the public, you have to possess a microbrewer's license, which costs $1,000/year. That only permits you to brew beer that could be sold; it doesn't actually allow you to sell the beer to the public. In order to have your beer sold to the public, you have to sell to a distributor or retailer. That distributor can then sell to retailers or directly to the public. There's no way for a microbrewer to sell directly to the public, unless they're a brewpub, in which case there's a whole different slew of regulations.
Hypothetically, I could be fine to "sell" the beer if I just got a solicitor's permit for $26/year. That would enable me to arrange sales. However, without the microbrewer's license, I can't legally sell the beer that I make, no matter what. The big question is how the liquor law defines "selling" beer, and how that interacts with trademark law.
Pete, it was Scott who said interstate commerce, not you. I was addressing that comment.
My bad.
It's actually not as expensive as a I thought, now that I read over the New York ABC laws. It's only $320/year for a microbrewer who produces less than 60,000 barrels per year. Then I could sell to a distributor or wholesaler, but I still wouldn't be allowed to sell directly to consumers. A brewer cannot be involved with a liquor retailer unless the consumption is on-premises (i.e. a bar). In any event, selling homebrew is difficult, and I'm not in a position to consider it yet.
I think it might be better if you put pink spiderwebs all over it. You know, to appeal to the goth chicks. Also, puppies. Everything could use more puppies.
Comments
As for what constitutes commerce, go look for statutory and common-law definitions. That subject is so damn complicated that I'm not gonna touch it on this forum without significantly more education. Plus, just because something constitutes interstate commerce doesn't mean it's illegal. It just means it can be governed by federal statutes and regulations, so you'd have to find out if there are federal statutes that cover the distribution of alcohol.
Violating a state law is not going to land you in a federal prison just because you went across state lines. I'm pretty sure there has to be a Federal law that applies before that can happen.
I'm thinking that it would be from the perspective of the looming figure, such that it would be looking down at the panicking adventurers and its own shadow.
Bright and colorful, this one.
EDIT: I didn't mean to imply that it would be illegal because of interstate commerce. It's more that there are different things you have to do for a trademark that is to be "used or transported in commerce." It then goes on to say that it refers to any commerce that is regulated by Congress. I cannot find the definition of "commerce" except that it's the "sale or exchange of goods and services." I mean, does that I mean that I can exchange a beer (a good) for your feedback (a service)? Obviously, I need a lawyer to answer this for me.
The other problem is New York's brewing laws. In order to make beer for sale to the public, you have to possess a microbrewer's license, which costs $1,000/year. That only permits you to brew beer that could be sold; it doesn't actually allow you to sell the beer to the public. In order to have your beer sold to the public, you have to sell to a distributor or retailer. That distributor can then sell to retailers or directly to the public. There's no way for a microbrewer to sell directly to the public, unless they're a brewpub, in which case there's a whole different slew of regulations.
Hypothetically, I could be fine to "sell" the beer if I just got a solicitor's permit for $26/year. That would enable me to arrange sales. However, without the microbrewer's license, I can't legally sell the beer that I make, no matter what. The big question is how the liquor law defines "selling" beer, and how that interacts with trademark law.
It's actually not as expensive as a I thought, now that I read over the New York ABC laws. It's only $320/year for a microbrewer who produces less than 60,000 barrels per year. Then I could sell to a distributor or wholesaler, but I still wouldn't be allowed to sell directly to consumers. A brewer cannot be involved with a liquor retailer unless the consumption is on-premises (i.e. a bar). In any event, selling homebrew is difficult, and I'm not in a position to consider it yet.
I like this better. I also tried a version with gray seats (on my Flickr), but I thought it was too drab.
EDIT: Fixed.
I really don't think this can get better. You should see this thing on a bottle. It's awesome. There will be pictures.
I tried it with a sans-serif font and it just seemed to lack something. I think the serif font makes the label more forceful, which is what I'm after.