By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag
SDNY COURTHOUSE, May 20 –A rare whiskey bottle trademark trial is underway before U.S. District Court for the Southern District of New York Judge Louis L. Stanton and Inner City Press is covering it.
Diageo North America, Inc. beyond Smirnoff, Guinness and Johnnie Walker has Bulleit brand whiskey as one of its flagship products.
It is name after Augustus Bulleit who sold high-rye whiskey from a tavern from 1830 to 1860, described in the complaint at the days of the "Old West."
On the witness stand on May 16 was the bottle and label's designer, cross examined by counsel for the defendants Deutsch and Bardstown Barrel Selections, LLC.
The line of questioning should to show the civil jury that the designer had in essence copies the design from a bottle in a museum.
But the design said he, he had modified the design. He went to the museum, he said, to learn about the history of American whiskey.
There was a dispute about what constitutes an oblong versus flask-shaped bottle.
The courtroom was surprisingly full.
On May 17, on the stand was a witness from Deutsche, responding on emails about the placement in liquor stores in Minnesota and New Jersey (Super Buy Rite of Williamstown, NJ) of Redemption next to Bulleit. The witness said he was not aware of customer confusion but he understand Diegeo alleges it.
On May 18 there was cross-examination about the "trade dress" of Bulleit, St. Peter's, Gilbey's and a photo of Fireball was flashed to the jury. There were an array of bottles on the witness stand, as in a bar.
On May 19 Ms. Kilgore of Deutsch described the Redemption bottle as "manly" as they found people wanted this whiskey, a bottle with broad shoulders. Also, a visible cork to show it's premium. She dissed Bulleit.
On May 20, it was expert versus expert. A slide entitled "Problems with Mr. Reilly's Calculations" was shown to the jury. The witness said, Inventory is an asset. One of the jurors, on the top row, nodded. Deageo wants $21 million.
The case is Diageo North America, Inc. v. W.J. Deutsch & Sons, Ltd., et al., 17-cv-4259 (Stanton)
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