Distillery threatened over ‘Kentucky’ trademark

The University of Kentucky is reportedly threatening to sue the Kentucky Mist Moonshine distillery over its use of the word “Kentucky” on clothing marketing materials.

Kentucky Mist Moonshine and the University of Kentucky are locked in a dispute over a “Kentucky” trademark

As reported by the Lexington Herald-Leader, the Whitesburg-based distillery received a letter from the university’s lawyers saying it had “trademarked” the word “Kentucky” on clothing since 1997.

The distillery had attempted to trademark the Kentucky Mist logo for items of clothing, but was asked by UK to desist.

“It is our present position that Kentucky Mist Moonshine Inc.’s use of the mark ‘Kentucky Mist Moonshine’ to identify articles of clothing is likely to cause deception, confusion and mistake as to Kentucky Mist Moonshine Inc.’s affiliation, connection or association with the University,” the letter said.

“If Kentucky Mist Moonshine is willing to honour our request, we will consider the matter closed.” However, UK said it will “consider further action as it deems necessary”.

Jason Schlafer, UK’s director of trademark licensing, told the Lexington Herald-Leader that the university has not claimed to trademark the word “Kentucky” other than its use on clothing such as shirts and jumpers.

On its Facebook page, Kentucky Mist Moonshine referenced the dispute, saying: “No one wants to see Letcher County move forward […] To all those that have given up on us, stand back because we are just getting started. The people of Letcher County are the true Wildcats of Kentucky, we don’t back down or give up.”

Last year, Duke University filed an objection against the trademark of Duke Bourbon – launched in honour of late actor John Wayne.