A recent trademark decision shows how important consumer survey evidence has become in trademark litigation concerning generic and descriptive marks. In an ongoing trademark dispute over the use of the term “double barreled” between Sazerac and Prichard’s, a federal court found that neither side had submitted the information necessary for it to rule – evidence of what […]
Tag: bourbon
8-Season vs. 8-Year Bourbon False Advertising Suit Dropped
When last we updated you on this lawsuit, the defendants, bourbon makers, had filed a motion to dismiss claiming there wasn’t a sound basis to conclude that the 8 (changed from 8 years to just an 8) at the top of the label and the further statement claiming that the bourbon was aged for “8 […]
Bourbon Distillers File Motion to Dismiss Deceptive Advertising and Labelling Lawsuit Over 8-Year vs. 8-Season Aging Row
How many whiskey brands advertise on their labeling with numbers that indicate the seasons the product was aged and not the years? At least one. Previously, Food and Beverage Legal . News covered a dispute over false advertising and misleading labeling allegations brought as a class action by a purchaser of Old Charter arguing that […]
Diageo Sues Sazerac over Bulleit Bourbon Trade Dress – What Do You Think?
Well, what do you think based on that picture above? It is from this complaint filed last Friday in the Southern District of New York by Diageo North America against Sazerac alleging that Sazerac’s Dr. McGillicuddy’s bottles infringe on the trade dress of Bulleit bottles and dilute that trademark protection. The complaint asks for injunctive […]
