I’m pleased to announce that The Kentucky Journal of Equine, Agriculture, & Natural Resources has published an article that I wrote with Melissa Whitehead, a former associate at my firm who helped with the Sazerac v. Peristyle litigation. The 2018 ruling by the Sixth Circuit—on National Bourbon Day no less—established groundbreaking rights under the fair use defense and was lauded as a “Top 10 Trademark Ruling of 2018” by Law360.
While this law journal article digs deep into the legal analysis of the defense that prevailed in Sazerac v. Peristyle, you’ll also see that it cites to works by many non-legal friends who will be familiar to bourbon enthusiasts. And, ultimately, it’s about the importance of history to bourbon. Enjoy.
Link: Bourbon History Matters as a Matter of Law
Full citation: Brian F. Haara, Sazerac Brands v. Peristyle: Bourbon History Matters as a Matter of Law, 11 Ky. J. Equine, Agric., & Nat. Resources L. 307 (2019). © Brian F. Haara 2019.