Tag: Trademark

Bourbon History Matters as a Matter of Law

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…

Old Lexington Club – An Early Bourbon Lesson in Protecting Brand Names.

Consumers often wonder why trademark owners seem to sue competitors so often over allegedly-infringing names.  A bourbon lawsuit from 1916 helps provide the answer. The February 1, 1906 edition of The Wine and Spirits Bulletin reported that the G. & B. Gerdes Company—owners of…

The Duke v. Duke University – and what’s Wild Turkey got to do with this?

*Updated August 8, 2014 after Duke University filed a Motion to Dismiss in response to the Complaint, and after numerous requests to Duke Spirits and Wild Turkey for information. Last week John Wayne Enterprises, LLC sued Duke University over the use of John Wayne’s…

James E. Pepper’s Fraud Previews The Taft Decision.

There’s a rule in the law that when you ask for an injunction, you can’t have been a bad guy too.  In 1893 when James E. Pepper tried to protect his “Old Pepper” brand, he learned this rule the hard way. The events described…

Bird Fight – Wild Turkey vs. Old Crow.

Bourbon distillers have proven themselves to be a competitive bunch, and taking advantage of another’s name recognition is probably as old as commercial distilling itself.  Col. E. H. Taylor, Jr., George T. Stagg, James E. Pepper, Country Distillers, Maker’s Mark and countless others have…