Whiskey Maker Says 'Double Barreled' Is Generic Term
Law360, New York (September 3, 2015, 6:04 PM EDT) -- Spirits company Sazerac Co. moved Wednesday to toss a lawsuit claiming the term “double barreled” is a protected trademark, calling it generic industry jargon that one company “cannot possibly” monopolize.
Sazerac — probably best known for its Fireball Cinnamon Whisky — was sued by Prichard's Distillery Inc. last year for using “double barreled” on whiskey labels. Prichard's has been selling a “Double Barreled Bourbon” for more than a decade and owns two trademark registrations on the term.
Sazerac said on Wednesday, though, that Prichard's had no legal trademark rights to enforce.
“Plaintiff cannot possibly own protectable trademark rights in the term...
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