logo
logo
logo
MENU
Danielle M. DeFilippis
Member
Danielle M. DeFilippis
Visit Profile

Court issues injunction against Redemption maker

Court Issues Injunction Against Redemption Maker

Following a jury trial, the Southern District of New York has issued a permanent injunction against W.J. Deutsch & Sons Ltd. d/b/a Deutsch Family Wine & Spirits, the maker of REDEMPTION whiskey, requiring the company to redesign the packaging.

This ruling stems from a complaint filed by Diageo North America, Inc., in 2017, alleging trademark infringement, unfair competition, and dilution of Diageo’s BULLEIT brand bourbon and rye whisky. According to the Complaint, BULLEIT brand premium whiskey is one of Diageo’s flagship products, the origins of which date back to 1987, when the Bulleit Distilling Company was founded by the Bulleit family of Kentucky. Diageo is the maker of several well-known spirits including SMIRNOFF, TANQUERAY, and GUINNESS.

Diageo alleged that the trade dress of the BULLEIT bottle is unique and distinctive, with a canteen shape, embossed lettering, and an overall “vintage” look. Diageo sought an injunction against W.J. Deutsch & Sons Ltd., which sells whiskey under the brand name REDEMPTION. Diageo asserts that the REDEMPTION bottle infringes the trade dress of BULLEIT and dilutes the distinctiveness of the BULLEIT brand.

In June, a jury agreed on the dilution claims and found that the BULLEIT trademark and trade dress were valid, protectable, and famous, and that those trademark rights were violated by W.J. Deutsch & Sons Ltd.’s REDEMPTION bottle and packaging. Just this week, the Court, finding that “remedies at law” were inadequate to protect Diageo, issued a permanent injunction enjoining W.J. Deutsch & Sons Ltd. from using the infringing REDEMPTION packaging and requiring them to change the bottle and packaging to convey a substantially different commercial impression.

This case highlights that a brand is more than just a name or label but can include other distinctive aspects of product design.

If you are interested in this topic, or any other aspects of publicity, copyright, or trademark matters, please contact me at dmdefilippis@norris-law.com.

Share
Related Posts
Ninth Circuit Broadens Means to Serve Foreign Defendants in Lanham Act Cases
Lawsuit claims TEXAS PETE is deceptive
Amazon and GE Team Up Against Counterfeiters
Danielle M. DeFilippis
Member
Danielle M. DeFilippis
Visit Profile
Related Posts
Ninth Circuit Broadens Means to Serve Foreign Defendants in Lanham Act Cases
Lawsuit claims TEXAS PETE is deceptive
Amazon and GE Team Up Against Counterfeiters
Share
Join our growing team
We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.
Subscribe to our content
Receive timely legal information
delivered to your inbox
Subscribe to our content
Receive timely legal information
delivered to your inbox
© 2022, Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
Meritas

We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more