Distillery sues over ‘Kentucky’ trademark

Kentucky Mist Moonshine has reportedly taken legal action against the University of Kentucky in a trademark dispute over the use of the work “Kentucky”.

The recently-opened Kentucky Mist Moonshine is suing the University of Kentucky in a trademark dispute

Last month, it was revealed that the University of Kentucky (UK) has threatened to sue Kentucky Mist Moonshine after the Whitesburg-based distillery attempted to trademark the Kentucky Mist logo for items of clothing.

The university sent a letter claiming that it had “trademarked” the word “Kentucky” on clothing since 1997, and that its use on Kentucky Mist Moonshine clothing would cause “deception, confusion and mistake”.

It added that if the distillery ceased its intention to produce clothing items bearing the “Kentucky” name, it would “consider the matter closed”, but would “consider further action” if necessary.

The Lexington Herald-Leader now reports that Kentucky Mist Moonshine filed a lawsuit on Monday with the US District Court to either invalidate or “reform” the university’s registration of the trademark.

The suit claims that Kentucky Mist Moonshine should be permitted to register the trademark since it does not dilute that of UK, adding that “Kentucky” is a geographical location and a word used by numerous businesses, brands and organisations not affiliated with UK.

It also asks that UK pay all Kentucky Mist’s legal fees and costs.

Last month, 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.

Referring to the lawsuit, Kentucky Mist Moonshine, which opened in September this year, simply said on its Facebook pages: “When life gives you lemons, make lemonade moonshine.”