Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
On Dec. 16, 2016, Diageo North America, Inc. (Diageo) sued Sazerac Company, Inc., and Sazerac Brands, LLC (collectively Sazerac) in the United States District Court for the Southern District of New York, claiming, among other things, that Sazerac had committed willful trademark infringement, trade dress infringement, unfair competition and deceptive trade practices. Diageo North America, Inc. v. Sazerac Company, Inc., No. 16 CV 09747 (S.D.N.Y.).
Diageo alleged that Sazerac had redesigned its Dr. McGillicuddy's whiskey bottle and label to knock-off the appearance and unfairly trade on the reputation of Diageo's BULLEIT® brand bourbon and rye whiskey and its distinctive canteen-shaped bottle. According to Diageo, the BULLEIT canteen-shaped bottle, with its embossed lettering and rectangular label (the Bulleit Trade Dress), is intended to evoke the rugged look and feel of the American frontier. Diageo owns incontestable U.S. Trademark Registration No. 3,075,812 for the three dimensional configuration of the BULLEIT canteen-shaped bottle. In addition to injunctive relief, and the destruction of all of Sazerac's allegedly infringing materials such as labels, signs, prints, packages, and advertisements, Diageo sought unspecified money damages.
According to the complaint, Diageo has used its Bulleit Trade Dress since at least as early as 1999, and claimed that the Bulleit Trade Dress is non-functional and inherently distinctive. However, the court never reached a decision because the parties settled the case and dismissed it on April 25, 2017. According to press reports, the settlement required Sazerac to modify its bottle design.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?