| In Whiskey
Bottle Trademark Trial Bulleit Placed By
Redemption In Stores Detailed
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
- ESPN
NY
Mag
SDNY COURTHOUSE,
May 17 –A rare whiskey bottle
trademark trial is underway
before U.S. District Court for
the Southern District of New
York Judge Louis L. Stanton
and Inner City Press is
covering it.
Diageo
North America, Inc. beyond
Smirnoff, Guinness and Johnnie
Walker has Bulleit brand
whiskey as one of its flagship
products.
It is name after
Augustus Bulleit who sold
high-rye whiskey from a tavern
from 1830 to 1860, described
in the complaint at the days
of the "Old West."
On the witness
stand on May 16 was the bottle
and label's designer, cross
examined by counsel for the
defendants Deutsch and
Bardstown Barrel Selections,
LLC.
The line
of questioning should to show
the civil jury that the
designer had in essence copies
the design from a bottle in a
museum.
But the design
said he, he had modified the
design. He went to the museum,
he said, to learn about the
history of American
whiskey.
There was a
dispute about what constitutes
an oblong versus flask-shaped
bottle.
The courtroom was
surprisingly full.
On May 17, on the
stand was a witness from Deutsche,
responding on emails about the
placement in liquor stores in
Minnesota and New Jersey
(Super Buy Rite of Williamstown,
NJ) of Redemption next to
Bulleit. The witness said he
was not aware of customer confusion
but he understand Diegeo
alleges it.
The case is
Diageo North America, Inc. v.
W.J. Deutsch & Sons, Ltd.,
et al., 17-cv-4259 (Stanton)
***
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