South Dakota Codified Laws
Chapter 08A - Regulation Of Beer Industry Business Relationships
Section 35-8A-17 - Brand extension defined.

35-8A-17. Brand extension defined.
For purposes of this chapter, the term, brand extension, means any brand that incorporates all or a substantial part of the unique features of a preexisting brand of the same brewer or importer and that relies to a significant extent on the goodwill associated with that preexisting brand.

Source: SL 1999, ch 187, ยง4.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 35 - Alcoholic Beverages

Chapter 08A - Regulation Of Beer Industry Business Relationships

Section 35-8A-1 - Legislative authority and purpose.

Section 35-8A-2 - Definitions of terms.

Section 35-8A-3 - Distribution contracts--Application of this chapter.

Section 35-8A-4 - Prohibited actions by supplier.

Section 35-8A-5 - Good cause for termination, cancellation, nonrenewal, discontinuance, or modification.

Section 35-8A-6 - Conditions for terminating, failing to renew, or refusing to continue under an agreement by supplier--Notice to wholesaler.

Section 35-8A-7 - When compensation required from brewer--Reasonable value--Arbitration.

Section 35-8A-8 - Brewery may assume wholesaler's business--Time limitation--Brewer as limited partner with wholesaler.

Section 35-8A-9 - Injunctive relief for violation of distribution agreement--Costs and attorney fees--Jurisdiction--Arbitration upon agreement by all parties.

Section 35-8A-10 - Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay.

Section 35-8A-11 - Distribution agreement binding upon successor.

Section 35-8A-12 - Waiver of rights void--Mutually binding agreements or voluntary dispute settlements not prohibited.

Section 35-8A-13 - Unreasonable amendment prohibited.

Section 35-8A-14 - Exclusive sales territories--Designated wholesaler.

Section 35-8A-15 - Application of chapter.

Section 35-8A-16 - Brand defined.

Section 35-8A-17 - Brand extension defined.

Section 35-8A-18 - Brand extension to be assigned wholesaler granted exclusive sales territory for preexisting brand--Exemption.

Section 35-8A-19 - Future brand extensions to be assigned wholesaler who first had brand.

Section 35-8A-20 - Application of certain amended and enacted sections.