Bourbon and Brew Innovation

The craft of brewing is over 4,000 years old.? ?Yet despite its ancient history we continue to see new developments in the industry.? Intellectual property rights exist in multiple dimensions here – champagne must come from the Champagne region of France. Scotch Whisky must be produced and matured in Scotland. ?Both of these requirements came after expensive litigation around the how, (and where), of fermentation science.

Underscoring that point, USF’s St Petersburg campus offers a Brewing Arts program, (yes, a beer making program at a college - insert joke here), a twenty-two week program detailing new & old fermentation, distillation, and development methods.? Many of the area’s craft breweries – including 3 Daughters and Green Bench – hire students from this program.

The demand for such expertise is growing.? TechConnect Ventures is soliciting help in the physiology and chemistry of ‘mouth feel’, the complex burn sensation common in brandy, gin or whisky.? They have a client that wants to recreate this sensation in a non-alcoholic beverage, citing an oft-mentioned complaint from consumers that these drinks don’t feel genuine.? And it’s not just the contents, the containers are increasingly in the copycat news as well.

The Supreme Court recently overturned a lower court ruling on a dog of a case.? A Phoenix company released a squeaky dog toy called “Bad Spaniels: The Old No. 2 on Your Tennessee Carpet.” ?The product largely copied the shape, color, and overall layout of the revered liquor “Jack Daniel’s Old No. 7 Brand Tennessee Sour Mash Whiskey”.? The owners of Jack Daniels sued, citing how it might confuse consumers.? The 9thCircuit Court rejected their claim, but the justices overruled, disagreeing with Bad Spaniel’s attempt at parody.?

A lot of startups create tasty new products around recipes, mash/mixes, and fermentation methods.? But rather than apply for business method patents, (that require a full and complete disclosure), many can choose to keep their ideas private under trade secret protection.? A few even throw out fake production activities to keep their competitors (and employees) in the dark on how specific taste profiles are made.? These innovations continue to impress.

Ten years ago this September Chattanooga Experimental Distillery launched after several years of successful lobbying to change local liquor laws.? Varietals including 'High Malt', 'Rye Malt', and specialized cask editions demonstrate how innovation in ‘old’ processes can create new demands.? The distilleries’ tours have been so successful they expanded to include a riverfront event-space as well.

?

Speaking of taste profiles, there's a beer with a creatively cheeky response to a likely IP entanglement. Motorworks Brewing in Bradenton, Florida opened in a former car dealership and all their beer names are automobile themed.? Titles like ‘Roll Cage’, ‘V-Twin’, and ‘Indy’, the latter of which featured a rather distinctive specialty car image.? Perhaps, a bit too distinctive.

In 2017 Motorworks changed the name of Indy Pale Ale to ‘Intellectual Property Ale’, retaining the IPA logo but removing the vehicle image.?Conspicuously added however was a ‘Cease and Desist’ stamp on the back, with a tongue-in-cheek description of “Absolutely Zero Bitter Legal Aftertaste”.??'Nuff said! The next time a friend passes the bar exam, here is the appropriate reward!?

(Suggestion to Motorworks – add some IPA merch like this!!)