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...

The image of a buffalo alone might bring to mind the American frontier or Native Americans. But, add in the word "bourbon" and put both on a bottle of alcohol, and many will likely think of Buffalo Trace Distillery and its namesake bourbon, Buffalo Trace, which was introduced back in 1999. In 2014, Fetzer Vineyards, a wine producer, launched its "1000 Stories" brand, a California red zinfandel wine aged in bourbon barrels. Although produced by Fetzer, Fetzer's name was nowhere on the label for 1000 Stories. The wine's bottle prominently featured a large buffalo in the center of the label and smaller buffalos on the bottle's neck. Underneath the large buffalo, and before any mention of wine, appeared the description "Bourbon Barrel-Aged." The bottle also included the term "Small Batch" on the label, a term commonly associated with bourbon but not wine. The label was written in gold and white font. Sazerac Company, which owns Buffalo T...