Just in Time for National Bourbon Day (June 14), a Bourbon Trademark Case

Crafted with love in the cellars of the Sixth Circuit.

National Bourbon Day is apparently June 14; and, perhaps or perhaps not entirely coincidentally, the Sixth Circuit yesterday released a bourbon trademark law opinion, Sazerac Brands, LLC v. Peristyle, LLC. It's written by Judge Jeffrey Sutton, who was recently interviewed in these very pages about his new book, and it begins thus:

Colonel Edmund Haynes Taylor, Jr., "the most remarkable man to enter the whiskey industry during the post-Civil War years," built the Old Taylor Distillery in 1887. Once the "most magnificent plant of its kind in Kentucky," the distillery fell into disrepair after the Colonel's death. Will Arvin and Wesley Murry sought to turn things around. In 2014, they formed Peristyle to purchase the property, renovate it, and eventually resume bourbon production there. Peristyle regularly referred to its location at "the Former Old Taylor Distillery" or "Old Taylor" during the renovation period.

That generated heartburn for the next player in our case, Sazerac, a company that bought the trademark rights to "Old Taylor" and "Colonel E.H. Taylor" in 2009. Sazerac objected to Peristyle's use of the Taylor name and sued Peristyle for infringement. Because Peristyle used the Old Taylor name descriptively and in good faith, it finds shelter under the Lanham Act's fair use defense. We affirm.

Read the short and pretty readable opinion for more. Thanks to How Appealing for the pointer, and InstaPundit for the information that yesterday was National Bourbon Day.

June 14, National Bourbon Day (also Flag Day), should not be confused with July 14, National Anti-Bourbon Day (in a different nation).

Comments

[BestUsedCarSales]

This article isn't about French Royalty at all.

[Eidde]

I remember nothing and forgot nothing about this case of bourbon.

[Eugene Volokh]

Maybe the case of bourbon is one reason you remember nothing.

[Jerry B.]

Sigh.

[Deep Lurker]

This reminded me of the dispute between Bully Hill Vineyards and Taylor Wine over the use of the Taylor name.

[Rat on a train]

June 14, National Bourbon Day (also Flag Day)
Also Army Day. Happy 243 Army.

[theobromophile]

National Bourbon Day?

Day?

Why isn't every day National Bourbon Day?

[C. S. P. Schofield]

Because some of us prefer Scotch, and some prefer Rye, and some unfortunates (like myself) are prone to gout.

[theobromophile]

So we can 362 National Bourbon Days every year. For Leap Year, we can add a vodka day.

[dwb68]

The judge is obviously a bourbon fan, having devoted almost as much space to bourbon and history as to the case. The first few pages sounded more like a marketing brochure from Old Tayor himself.

[Michael Cook]

Late comment on Jim Beam and escalating trade war with Europe. The Europeans are going to hit the famous American bottler hard with at least 25% tariff. The problematic thing about this is that Jim Beam (which has a large line of hooch under various labels) has been owned for some time by a European consortium.