North Dakota Code 5-04-18 – Same brands – Assignment of brand extensions
Different categories of products manufactured and marketed under a common identifying trade name are the same brand. For example, “old faithful” includes “old faithful”, “old faithful light”, “old faithful draft”, “old faithful dry”, and other products identified principally by the old faithful name. Differences in packaging do not establish different brands. A brewer or importer may assign a brand extension only to the wholesaler with an exclusive sales territory to the brand that is the basis for the brand extension. This limitation does not apply to assignments of brand extensions to wholesalers which were made by a brewer or importer before August 1, 1995. If, before August 1, 1995, a brewer or importer assigned a brand extension to a wholesaler that is without exclusive sales territory to the brand that is the basis of the brand extension, any additional brand extension must be assigned to the wholesaler who first had the brand.
