Cases of Whiskey

Just days ago, a jury returned a mixed verdict after a two-week trial focusing on Bulleit's bottle design. Diageo North America, which owns the Bulleit brand of whiskeys, brought suit against Deutsche Family Wine & Spirits, which owns the Redemption brand of whiskeys. Diageo claimed that Deutsche's Redemption bottle design infringed on and diluted Bulleit's "trade dress," which, as I've explained before , refers to a product's design, shape, and overall feel.  Take a look at the side-by-side comparison of the bottles - it's not hard to guess why Diageo sued. Among other things, Diageo asserted that Deutsche's Redemption bottle copied Bulleit's "clear canteen-shaped glass bottle with rounded shoulders," the "embossed brand name above the label" on the glass, and the "arched text in the top line of the embossed brand name." The jury rejected Diageo's claim of infringement because it found that there was no li...

Some words on a whiskey label tell us a lot about what's in the bottle. In the United States, if a whiskey is labeled a "straight" whiskey, then it must meet certain legal requirements, such as at least two years of aging in a barrel. Other words on a label, however, don't tell us much at all. How old is Jefferson's Reserve's "very old" bourbon? Maker's Mark says its bourbon is "handmade" - do its workers really stir the mash by hand? A recent legal case involving Angel's Envy put the spotlight on distillers' use of these vague descriptions.  Mario Aliano, a restaurant owner, sued Louisville Distilling Company, which owns Angel's Envy, asserting that Louisville Distilling deceptively marketed Angel's Envy's rye whiskey finished in rum casks. Aliano said he purchased the rye whiskey for his restaurant because its label and website implied it was "hand crafted" in small batches in Kentucky. However, Aliano cl...