Inner City Press





In Other Media-eg New Statesman, AJE, FP, Georgia, NYTAzerbaijan, CSM Click here to contact us     .



These reports are usually available through Google News and on Lexis-Nexis
,



Share |   

Follow on TWITTER

Home -

These reports are usually available through Google News and on Lexis-Nexis

CONTRIBUTE

Books

RSS

(FP Twitterati 100, 2013)

ICP on YouTube

More: InnerCityPro

BloggingHeads.tv
Sept 24, 2013

UN: Sri Lanka

VoA: NYCLU

FOIA Finds  

Google, Asked at UN About Censorship, Moved to Censor the Questioner, Sources Say, Blaming UN - Update - Editorial

Support this work by buying this book
Belt and Roadkill
(and paperback)

Click on cover for secure site orders

also includes "Toxic Credit in the Global Inner City"
 

 

 


Community
Reinvestment

Bank Beat

Freedom of Information
 

How to Contact Us



In Whiskey Bottle Trademark Trial Bulleit Compared to Redemption Embossing and Patent

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, May 23 –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.

On May 18 there was cross-examination about the "trade dress" of Bulleit, St. Peter's, Gilbey's and a photo of Fireball was flashed to the jury. There were an array of bottles on the witness stand, as in a bar.

On May 19 Ms. Kilgore of Deutsch described the Redemption bottle as "manly" as they found people wanted this whiskey, a bottle with broad shoulders. Also, a visible cork to show it's premium. She dissed Bulleit.

On May 20, it was expert versus expert. A slide entitled "Problems with Mr. Reilly's Calculations" was shown to the jury. The witness said, Inventory is an asset. One of the jurors, on the top row, nodded. Deageo wants $21 million.

On May 23, the witness on the stand laughed when handed a large document she had previously signed. She said she knew they had an agreement on the intellectual property of the Redemption bottle, but didn't remember the patent application. Questioning got into the embossing.

The case is Diageo North America, Inc. v. W.J. Deutsch & Sons, Ltd., et al., 17-cv-4259 (Stanton)  

***

@SDNYLIVE courthouse #CourtCastCast
                              200 Worth Street
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540



Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2022 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com