September 14, 2017
Authored and Edited by Paula E. Miller; Julia Anne Matheson
In Sazerac Brands, LLC v. Peristyle, LLC (E.D. Ky. July 14, 2017) the Eastern District of Kentucky found that even where the name of a property is the subject of a registered trademark, the property owner is entitled to use the property name in limited ways. In 2014, Peristyle purchased the abandoned Old Taylor Distillery and referred to the property as the Old Taylor Distillery throughout the renovation, though Sazerac owns the trademark rights to the OLD TAYLOR mark. The Court concluded that Peristyle’s use of the mark did not qualify as “trademark use” for purposes of Lanham Act liability. Further discussion of the decision can be found on Finnegan’s INCONTESTABLE® Blog.
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