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  1. #21
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    Re: Diageo v. Brown-Forman

    As I said there in the comments (Chuck's always-excellent blog), Diageo argued the matter well in its complaint. However, the state may have a trump: the nature of whiskey-making, in which distillation is just a first step. For products like whiskey which require maturation (not just the more neutral-sounding "storage" in the well-worded language of the complaint), the product isn't finished until the aging is finished. And so, if you can license distillers, why should you not require aging in the jurisdiction, so you can monitor what is being made? Let's say the stuff is trucked over to a place where the air is heavily polluted, or something is added to the barrels. The state of licensing naturally has an interest to monitor the product until it is ready for sale; and it might pull the license or warn the license-holder if it is not satisfied the licensee is exercising its privilege properly. But it can't do that, or as well, when the product is being aged in another state. So if I was Tennessee, I'd argue this in addition to the apparent 21st Amendment arguments Chuck adverted to in his informative article.

    Gary

  2. #22
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    Re: Diageo v. Brown-Forman

    Gary I should think the State is in a rather awkward position to argue that because they allow Prichard to make and market a Tennessee Whisky that doesn't follow the JD derived requirements.

    I also think the selective enforcement of this law against Diageo (only one complaint filed in the 77 years the law has been in place) is problematic.
    Last edited by squire; 03-31-2014 at 12:01.
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  3. #23
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    Re: Diageo v. Brown-Forman

    Squire this is a different issue, there are 2 issues which Diageo has with Tennessee, Chuck explains it all in his blog. Or if you are still referring indeed to issue no. 2, I see what you are saying, but I don't think the State can be defeated by that kind of argument. Surely whether it enforces any particular law at a particular time is in its discretion, otherwize you could tie government's hands interminably with this kind of argument, on any issue... It is a good political argument though, i.e., viz whether it should have issued the citation. But once having done that...

    Gary
    Last edited by Gillman; 03-31-2014 at 12:07.

  4. #24
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    Re: Diageo v. Brown-Forman

    Quote Originally Posted by Gillman View Post
    As I said there in the comments . . . . Diageo argued the matter well in its complaint. However, the state may have a trump: the nature of whiskey-making, in which distillation is just a first step.
    Gary I was referring to the single issue of the State of Tennessee singling out Diageo for selective enforcement of an archaic law that hasn't been used against anyone else in the 77 years it has been on the books. Isn't that what your post was about?
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  5. #25
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    Re: Diageo v. Brown-Forman

    Thanks for clarifying, but I still think Tennessee has a good argument in response, for the reasons I stated.

    Gary

  6. #26
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    Re: Diageo v. Brown-Forman

    This states that the law in Tennessee grandfathered Pritchard's case:

    http://www.washingtonpost.com/blogs/...ooze-business/

    Gary

  7. #27
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    Re: Diageo v. Brown-Forman

    Turning back to issue no. 1 for a minute, I think Brown-Forman has a point there because it created the name of Tennessee whiskey, it put it on the map. There is lots of ground for compromise, though. How about the non-JD/GD process whiskey made in Tennessee being called "Tennessee Country Whiskey"? That seems reasonable, this way the JD process doesn't monopolize use of the terms Tennessee and whiskey and distillers who distill or age differently can still use the terms to describe their product, but in a slightly different way.

    Gary

  8. #28
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    Re: Diageo v. Brown-Forman

    Yes, I'm aware of Pritchard being grandfathered in, that was my point. The current law which requires producers to use specific requirements in order to label their product Tennessee Whisky also exempts a single producer who does not follow those requirements.
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  9. #29
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    Re: Diageo v. Brown-Forman

    I like the term Tennessee Style Whisky but I suppose any number of variations would do insofar as consumer preference is concerned. Removing the words 'Straight Bourbon' form Early Time's label doesn't seem to have hurt sales of that brand.
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  10. #30
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    Re: Diageo v. Brown-Forman

    Yes but (in relation to Pritchard) the law is relatively new, so they basically had to do this to cover this instance. My point was simply that they did not ignore a violation by Pritchard; there was none.

    Gary

 

 

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