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MARK IV BEVERAGE v. MOLSON BREWERIES USA

No. COA97-470.

500 S.E.2d 439 (1998)

MARK IV BEVERAGE, INC., Plaintiff, v. MOLSON BREWERIES USA, INC., Miller Brewing Company, Martlet Importing Company, and I.H. Caffey Distributing Company, Incorporated, Defendants.

Court of Appeals of North Carolina.

May 19, 1998.

Attorney(s) appearing for the Case

Adams, Kleemeier, Hagan, Hannah & Fouts, A Professional Limited Liability Company by W. Winburne King, III, Peter G. Pappas and David S. Pokela, Greensboro, for plaintiff-appellee Mark IV Beverage, Inc.

Smith, Helms, Mulliss & Moore, L.L.P. by Larry B. Sitton, James B. Exum, Jr. and William E. Burton, III, Greensboro, for defendants-appellants Molson Breweries USA, Inc., Miller Brewing Company and Martlet Importing Company.

Robinson & Lawing, L.L.P. by Kevin L. Miller, Winston Salem, for defendant-appellant I.H. Caffey Distributing Company, Inc.

Tharrington Smith, L.L.P. by Michael Crowell and E. Hardy Lewis, Raleigh, for The North Carolina Beer and Wine Wholesalers Association, amicus curiae.

TIMMONS-GOODSON, Judge.

Defendants appeal from a judgment, wherein the trial court concluded that the term "brand," as used in the North Carolina Beer Franchise Law (hereinafter "BFL"), denotes a common identifying name, rather than a specific malt beverage. Defendants contend that the trial court's interpretation contravenes well-settled canons of statutory construction. However, having carefully reviewed defendants' assignments of error, we uphold the trial court...

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