Distill A TM Owner's Goodwill At Your Bourbon Co.'s Own Peril

By Jane Shay Wald (December 22, 2021, 7:09 PM EST) -- Before we begin our discussion of a Kentucky federal court's new, notable trademark decision, first, a verse:

A purloined story is not repaired

By "it's my name!" Defendant dared

To put that "name" position forward

Enjoined! Its scheme to trick, untoward.

A judicial opinion that starts with a blast

At defendant's perspective, you're given a clue

That the plaintiff has proven its case to the last

Detail, overcoming all doubts through-and-through

"Storytelling is everything" defendant proclaims

That gun smokes and tells why the defendant used names

Of the plaintiff. Distorting the def's place in history

To trade on the plaintiff — the...

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