Bourbon. Law. Author.
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.
With a release in limited markets beginning today, Four Roses now has its “Fourth Rose,” an additional small batch added to the permanent lineup of Four Roses (which contains all 10 Four Roses recipes), Four Roses Small Batch (which contains OBSK, OESK, OBSO, and OESO, at 90 proof), and Four Roses Single Barrel (the OBSV recipe, except for private barrels, which can be any recipe).
Small Batch Select contains six of the Four Roses recipes—OBSV and OESV, OBSK and OESK, and OBSF and OESF. Four Roses is bottling its new bourbon non-chill filtered at 104 proof, which is the highest proof for its regular releases, although of course private selections and limited releases weigh in at higher proofs.
I was able to spend some time with Four Roses Master Distiller Brent Elliott last week to taste the new Small Batch Select and to taste all six of its components from actual barrels used in the batch. Brent explained that the new Small Batch Select is heavier on the high-rye B mash bill, the V yeast, then the K yeast, with both of the F yeast mash bills combining for only about 20%. As Brent said, a little bit of F goes a long way. Brent also explained that the F and V combination was inspired by the Al Young 50th Anniversary limited edition.

Being able to try each recipe from barrels actually used was extremely telling about the process of mingling with the success that Four Roses has established. The OESF had strong cinnamon flavors while the OBSF provided a huge backbone. Combining that with my perennial favorites OBSK and OESK (both of which were spicier than single barrels of those recipes that I’ve had, but still provided the fruitiness that I expect) provide components that are recognizable in the final bourbon. The OBSV and OESV were probably the best of the six on their own, as single barrels, both with a blast of flavors, fantastic balance, and a hint of mint in the long finish. The skill necessary for successful mingling cannot be overstated. Now for the final result:
Bourbon: Four Roses Small Batch Select
Distillery: Four Roses, Lawrenceburg, Kentucky
Age: Mingling of 6 and 7-year old bourbons
ABV: 52%
Cost: about $55
Disclaimer: The brand managers kindly sent me a sample for this review, without any strings attached. Thank you.
Tasting Notes
Appearance:
Brown; darker than I expected.
Nose:
Also more oak than I expected, although not exactly “oaky.” The aromas focus more on warm cocoa and caramel and pleasant spice.
Taste:
The cinnamon (from the OESF) really came through with interplay and balance between all of the components. In addition to the cinnamon, I found vanilla, light fruit, and black pepper with a creamy mouthfeel.
Finish:
Medium length with lingering cinnamon and a mint kicker.
Bottom Line
Luckily Kentucky is one of the first markets for Small Batch Select—along with New York, California, Texas, and Georgia—and I expect to be able to find it with some regularity. I really have high hopes for the Fourth Rose on our upcoming hot and humid Kentucky nights; it just might be my bourbon of the summer.
Score on The Sipp’n Corn Scale: 4.0
The Sipp’n Corn Scale:
1 – Swill. I might dump the bottle, but will probably save it for my guests who mix with Coke.
2 – Hits the minimum criteria, but given a choice, I’d rather have something else.
3 – Solid Bourbon with only minor shortcomings. Glad to own and enjoy.
4 – Excellent Bourbon. Need to be hyper-critical to find flaws. I’m lucky to have this.
5 – Bourbon perfection. I’ll search high and low to get another bottle of this.
Cheers for Boone County Distilling Company’s transparency in not trying to hide the source of this bourbon and cheers for the 12-year age statement. I could do without the gimmicky “made by ghosts” and strained ties to heritage, but every brand knows that history sells bourbon. Beautiful bottles also sell bourbon, and there’s no denying that Boone County hits a home run with its bottle and label design and overall aesthetics. Those things aside, twelve years piques my interest and I know the quality of MGP, so I have high hopes.
Bourbon: Boone County Eighteen 33 Straight Bourbon Whiskey
Distillery: MGP
Age: 12 years
ABV: 45.4% ABV (90.8 proof)
Cost: $55.00
Tasting Notes
Appearance: Amber brown and oddly cloudy.
Nose: Subtle, earthiness and leather, with almond, black pepper, and furniture polish.
Taste: Not much heat, creamy, leather, and faint spice. It’s not a sweet bourbon by any stretch, instead leaning heavily toward the darker, more earthy flavors.
Finish: Shorter side of medium; nothing remarkable, but still a nice, friendly hug.
Bottom Line
This batch of Boone County Eighteen 33 was enjoyable enough but something was a little off. So I did a blind side-by-side against a front-12 Elijah Craig and was astonished at how different they were. The EC12 beat Boone County at every turn and helped me find what was off—Boone County didn’t have a standard caramel and vanilla backbone. Alone those can be pretty boring tasting notes, but a bourbon is missing something to not have at least a hint of those family of flavors. It’s still a 3.0 for my tastes, but barely.
Score on The Sipp’n Corn Scale: 3.0

The Sipp’n Corn Scale:
1 – Swill. I might dump the bottle, but will probably save it for my guests who mix with Coke.
2 – Hits the minimum criteria, but given a choice, I’d rather have something else.
3 – Solid Bourbon with only minor shortcomings. Glad to own and enjoy.
4 – Excellent Bourbon. Need to be hyper-critical to find flaws. I’m lucky to have this.
5 – Bourbon perfection. I’ll search high and low to get another bottle of this.