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ChrisNYC

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  1. Agreed, and indeed. Mountain Rose Herbs list both Betula Pendula, and Betula Lenta so I'm trying to figure out which one is acceptable to the TTB.
  2. That's great to hear! If you could provide any insight on what you needed to show, that would be great. I have a call with the examiner scheduled for Monday, and having a few extra arrows in my quiver would be very helpful. I did used the common name. Which latin name did you use; Betula Pendula? Betula Lenta? Thanks ever so much!
  3. Hi Jessica, did you ever get a GRAS reference for Birch? I had an approved formula that included Birch revoked when I filed a cola for the formula. I see Birch Tar Oil (yikes) is listed as GRAS on the FDA site, but I can't find regular old birch. Any help would be much appreciated. Thanks!
  4. Hi Jedd, "tchotchkes" (key chains, etc.), glassware and apparel. The stuff we hope to sell in the tasting room...some day.
  5. Speak with a IP lawyer, but generally you'll want to have them do a search to make sure no one else is using your clever idea already. We thought we had come up with something unique only to find it was trademarked already, so it is best to do that search before investing time and money into developing and idea that you can't use. Assuming it is not already taken, you can have your IP lawyer file an "intent to use" trademark application which basically gives your dibs on the trademark for a period of a few years (again speak with an IP lawyer for the specifics), assuming you have a bona fide intent to use. You'll have to pay the trademark fee for each use class (liquor is a different use class than shirts, etc.). We cover 4 classes for each trademark we register so it is a lot more than $325 per trademark. Our thinking is that branding and trademarks are fundamental to our business model, so we decided not to skimp on IP protection. Others may feel differently.
  6. ChrisNYC

    Diluting

    I found this (http://www.tsascience.com.au/images/pdf/LEC/LEC02_05.pdf). It describes the same relationship you are observing, namely that mixture contracts as water is added to pure ethanol, but that at some concentration it expands. The scale is different from your graph (mean molar mixing volume/mole fraction versus contraction/ABV), but it's derivations of the same relationship. One thing I do note, according to this graph, my guess of a 1-1 ratio being the turning point seems a bit shy of the turning point since the base of the parabola appears to be closer to a mole fraction of 0.6 (and not 0.5 as I predicted). Evidently, Mr. Osuna (note corrected spelling) no longer teaches at my high school, so I still have no authoritative explanation as to why. If I find one, I will post it. If you do, please do the same.
  7. ChrisNYC

    Diluting

    I'll be your Huckleberry, Pete, but bear in mind I'm a liberal arts guy, and my chemistry schooling is limited to Mr. Ozuna's 11th grade Chem class. I'll assume your numbers are based in reality (and that you aren't just being a jackhole). So, based on our second example, you experienced about 2% contraction, and you say that in the first example where you started with half as much alcohol that you experience less than 0.01% contraction. This is where I (almost certainly) step out of my depth. As I recall from Mr. Ozuna's class, water is a polar molecule so it clings to itself like a bunch of little magnets. On a hunch I checked and so is ethanol, but less so than water. Which leads me to my guess: as you add water to ethanol, water and ethanol molecules will pair up more densely than just ethanol molecules because water has a stronger polar attraction than ethanol, but at some point the molecules are all basically paired up and adding more water won't make much of a difference. My guess is that this point is right around a 1-to-1 ratio of water-to-ethanol molecules, which is why at 80 proof the change is negligible, but at 160 proof the change is significant. Incidentally, and again this is a guess based on recollections of a class long ago, but I don't think the fact that the molecules are different sizes makes the difference, because unlike a jar full of marbles and sand, the molecules in a liquid are moving and bouncing around so there's actually a good deal of empty space (not as much as with a gas) but empty space nonetheless. I like brain teasers, so I'm curious to hear your answer, Pete. P.S. if I totally whiffed, it is on me, and if I got even close, it is to Mr. Ozuna's credit.
  8. The JOBS Act mandated that the SEC issue rules easing the ban on "general solicitations" for Rule 506 offerings. Yesterday the SEC Staff issued their proposed rules, which are now subject to public comment. You can see the SEC's press release and proposed rules here: http://www.sec.gov/n...12/2012-170.htm. NOTE: These rules are only proposed rules, and even when they are promulgated you should speak with a lawyer to make sure your capital raise and solicitations are compliant with Federal Securities laws. Even with the new rules, there are a lot of pitfalls for the unwary. It is not true that the ban on general solicitations has been lifted, and even when the rules are promulgated, they will only ease the ban, not lift it. NOTE ALSO: These new rules have no effect on state "blue sky" securities laws.
  9. Dear Jason and Distillery Solutions Team: Great idea, and it looks like something I want for my distillery (once I get it up and running). Given that you posted an advertisement here, I think it is only fair to the community if I post my questions here. 1. According to the FAQ on your site, "Monthly fees are priced on a sliding scale, reflective of the size of your distillery's operation". What is the metric for "size of your operations" and will you post the scale on your website/publicly? 2. If you're pricing is based on the size of my "operation," why are there three feature packages? The features are already build, so your marginal cost to giving me access to all of them is negligible (perhaps even less than the cost associated with keeping track of three feature sets and who has what features). Also, this is a new product and more users means more and better feedback, which is golden when you're developing a product. What was the basis for putting a given feature in one package, versus another? 3. It looks like you'll be entering 1 year licensing agreements. If you plan to increase pricing, how much notice will you give customers? Does your licensing agreement provide you the ability to increase prices between renewals? 4. If a customer wants to cease their subscription, how can they port their information from your site. Once ported, will you keep a copy of it, and if so, for what purpose and how long? Can I expect any support once my license expires, or if I decide not to renew (if, for example, I get audited for a period during which I was a subscriber)? Will you charge for this kind of support, and if so, how much? 5. Will your full terms of use be available on your website/publicly? Will a copy of your software agreement be available on your website/publicly? I don't want to give the impression that I am down on this product; quite the contrary, I think this is a fantastic idea and hope i can use it in my tiny "operation" once it gets fully up and running. I am, however, concerned with the preliminary pricing information I've seen so far. If I'm Stranahans, then $500 is probably a good deal, but if I'm Chris's-not-quite-extant-distillery, that's a crushing number. I'm also sensitive to the fact that when you are using a "cloud" service, your data "belongs" to another company, and they can really do some harm (and therefore extort some serious fees) if they want to. I don't expect that from Distillery Solutions, I'm just hoping you can assuage some of these fears so I can add your software as a line-item on my financial projections. Thanks for developing this product, and thanks in advance for any answers you can provide. Cheers, Chris
  10. It's pretty tasty--I just poured myself a dram to refresh my recollection. We stopped at 303 this summer when we were out in Colorado, and Steve, Terri and Brandy were very gracious hosts. Their place is certainly worth a visit if you're in the Boulder, CO, area. Their potato vodka is superlative, so it's no surprise that the aged "whiskey" version of it is good as well.
  11. Jedd and Chris are 100% correct. Written general solicitations, like your post, are currently impermissible under federal securities law. You haven't blown your whole capital raise, but you have created some issues that you need to work through with a qualified lawyer. Also, bear in mind that there are two layers to securities regulation: the federal (i.e. SEC) regulations; and state (so-called "blue sky") regulations. Be mindful of both, and make sure to ask your lawyer about both sets of regulation to make sure you have a full understanding of what applies to you and when. Good luck with the distillery.
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