The order of Mr. Justice Matlow awarded Brick an interlocutory injunction against The Beer Store, which had earlier threatened that it would no longer release to Brick its share of empty industry standard bottles for re-use.
Brick sought the injunction to have The Beer Store comply with its contractual obligations under the user agreement Brick has with The Beer Store, which allows Brick the same rights as its competitors to use both industry standard and non-industry standard bottles. The Beer Store is owned by Labatt, Molson and Sleeman.
The Beer Store did not provide any explanation for the decision to abandon its motion seeking leave to appeal. ?I can only assume that The Beer Store concluded that its chances of successfully appealing the injunction order were limited,? says Jim Brickman, founder and CEO of Brick Brewing.
Brick?s lawsuit against The Beer Store for breach of its user agreement is still pending. Brick?s lawsuit seeks, among other things, a permanent injunction
Certain brewers have signed an additional agreement privately among themselves to use only the industry standard bottle. Brick is not a party to that agreement, and therefore Brick does not receive the cash incentives that are part of that agreement. Even with the highly successful launch of Brick's Red Cap in the stubby, close to two-thirds of Brick's business still comes from beer sold in the long-necked standard bottle.
For more information: Jane Widerman, Jane Widerman Communications Inc.,
416/534-9888; email, janew@widecomms.com.