Category: Bourbon Law

Churchill Downs Distilling Co. v. Churchill Downs, Inc. – Bourbon and The Kentucky Derby Collide.

It’s finally warm in Louisville and Derby fever is about to strike again in Kentucky and beyond.  So in celebration of the upcoming 140thrunning of the Kentucky Derby on May 3, 2014, I found yet another example of how bourbon history and American law… Continue Reading “Churchill Downs Distilling Co. v. Churchill Downs, Inc. – Bourbon and The Kentucky Derby Collide.”

“Bottled in Bond” – Bourbon Propels Early Consumer Protection Law.

The Bottled-In-Bond Act was passed this week in 1897.  But now, nearly 120 years later, is “Bottled in Bond” just an archaic designation?  Does it ensure that your bourbon is better than without the designation?  Why doesn’t every 100-proof bourbon carry this designation?  All… Continue Reading ““Bottled in Bond” – Bourbon Propels Early Consumer Protection Law.”

Remnants of Prohibition Still Sting Kentucky Grocers.

The United States Court of Appeals for the Sixth Circuit on Wednesday upheld a post-prohibition-era statute that prohibits grocers and gas stations from selling liquor.  In Maxwell’s Pic-Pac, Inc. v. Dehner, Nos. 12-6056/6057/6182, (6th Cir. Jan. 15, 2014) (available at http://www.ca6.uscourts.gov/opinions.pdf/14a0015p-06.pdf), the court reversed… Continue Reading “Remnants of Prohibition Still Sting Kentucky Grocers.”

False Advertising and the Legacy of Duffy’s Pure Malt Whiskey.

The history of bourbon is full of legends, boasts, puffery and even outright lies, all in an effort to promote a brand and make a sale in a highly competitive craft.  Today’s false advertising and consumer protection laws have largely eliminated the lies, but… Continue Reading “False Advertising and the Legacy of Duffy’s Pure Malt Whiskey.”

Maker’s Mark v. Diageo – The Fight Over Bourbon’s Most Recognizable Trademark.

Until now, all of my posts about history-making lawsuits between distillers have involved really old cases.  Some have dated back practically to the birth of bourbon, like my post on the lawsuit between James Pepper and Labrot & Graham (How Woodford Reserve got to… Continue Reading “Maker’s Mark v. Diageo – The Fight Over Bourbon’s Most Recognizable Trademark.”