"Drink Kentucky Bourbon" is a worthy sentiment, one we can all get behind, but if you say it or write it down you could be in big trouble, if the Kentucky Distillers Association (KDA) succeeds in registering it as a trademark.
Yes, the KDA, as part of its mission to control and profit from anything having to do with Kentucky bourbon, wants to trademark the phrase "Drink Kentucky Bourbon." The trademark application was filed by Upper Right Marketing LLC of Lexington, which supplies imprinted merchandise for the KDA, which the KDA then sells on its website. The rocks glass pictured above is an example. As indicated in their filing, they want the sole right to slap that phrase on everything from glassware to candied nuts.
The trademark examiner has approved the mark and now it's time for objections. First in, Sazerac, which has three bourbon production facilities in Kentucky and a host of Kentucky bourbon brands. Sazerac is not a member of the KDA.
Sazerac argues that the KDA should be denied the mark because it is just a “generic or merely descriptive phrase ... that no one owner should control.” The trademark office is not supposed to register "generic or merely descriptive phrases" as marks.
In its objection, Sazerac said, "The 'Drink Kentucky Bourbon' mark is comprised of a phrase or statement that every one offering a Kentucky bourbon product or other products marketed and sold in connection with the promotion of Kentucky bourbon, should be able to use freely in the promotion of those goods."
We'll drink Kentucky bourbon to that.
Ricjnimrod said;
ReplyDeleteWOW! What hubris. ONLY KDA (& I assume, their affiliated members) can use a statement we all make on a regular basis???? You've gotta be kidding me! So, for example I send an e-mail, or post a tweet, saying; "A friend and I intend to spend an enjnoyable afternoon at a KDA distillery. We're going to Drink Kentucky Bourbon."... I'll be liable for some sort of damages???? Jeeeeez, they are waaaaaay over-reaching with this one. I'd certainly object to making this a trademark.
Evil Capitalist
ReplyDeleteChuck, thank you for posting information like this and bringing various manipulations to light. Much appreciated!
ReplyDeleteUgh. The KDA is turning in to the SWA. Which is not a good thing.
ReplyDeleteImbibe Brown liquor from that state on top of Tennessee!
ReplyDeleteHow about: "Buy KDA Banality"
ReplyDeleteRichnimrod, no, you just wouldn't be able to use the trademark commercially. You can still use it in a sentence among your friends, just like you can say "Please hand me a Kleenex" or "I drive a Volvo".
ReplyDeleteIf they represent Kentucky distillers, why do they feel it necessary to register the trademark? Are they afraid TN distillers will put "Drink Kentuck Bourbon" in their ads? Why not keep it a free slogan that everyone can use?
ReplyDeleteThe "use it commercially" limitation is not really very narrow Alex. They sought registration in several classes covering many types of goods and services. I was surprised to see that they included class 43, for services including website publication. Trademark owners can sue asserting infringement against almost anyone who uses a registered mark if they can make a colorable assertion for likelihood of confusion or trademark "dilution." The trademark owner might not win, but getting sued is an enormously expensive distraction even for defendants who ultimately win.
ReplyDeleteKentucky bourbon sure is drinkable!
ReplyDeletewow thanks for sharing..
ReplyDelete