Posted: Dec 16, 2022
A federal judge wants a New York jury to determine the definition of beer.
Lewis Kaplan of the southern district of New York was considering a request from Modelo to hold liable Constellation Brands, the US distributor of the Mexican brewer’s popular Corona beer, for selling Corona-branded hard seltzer without permission.
On Tuesday, Kaplan ruled that Modelo was not entitled to an immediate pre-trial win. But the judge had also denied Constellation’s attempt to end the case, setting up a jury trial that could turn on how the companies defined the word “beer” in their trademark licensing agreement.
Modelo filed suit last year, arguing Constellation’s Corona Hard Seltzer breached a licensing agreement and infringed trademarks because the agreement only allowed Constellation to sell beer under the Corona name.
Constellation said the definition of “beer” in the agreement also covered hard seltzer.
Modelo said no reasonable jury could read the definition that way.
By Maya Yang
Source and Complete Article: theguardian.com
Date: December 15, 2022
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