Log Still Distillery, a family-owned and operated spirits company in Kentucky, was sued by Heaven Hill Distilleries, Inc. in March 2021 for trademark infringement and unfair competition. Heaven Hill owns the trademark for the name “J.W. Dant,” which it has used since 1993. Log Still was using the name “J.W. Dant” on its website and in its marketing materials, which Heaven Hill argued was likely to confuse consumers.
Timeline of the Lawsuit
- March 2021: Heaven Hill files a lawsuit against Log Still in the United States District Court for the Western District of Kentucky.
- May 2021: Heaven Hill files a motion for preliminary injunction, asking the court to order Log Still to stop using the name “J.W. Dant” immediately.
- August 2021: The court grants Heaven Hill’s motion for preliminary injunction. Log Still is ordered to stop using the name “J.W. Dant” on its website and in its marketing materials.
- August 2023: Heaven Hill and Log Still settle the lawsuit. Log Still agrees to stop using the name “J.W. Dant” in any way.
Outcome of the Lawsuit
Log Still is no longer allowed to use the name “J.W. Dant” in any way. This includes on its website, in its marketing materials, and on its products. Log Still is also required to destroy any products or marketing materials that bear the name “J.W. Dant.”
Implications of the Lawsuit
The Log Still Distillery lawsuit has important implications for other small distilleries. It shows that large distilleries are willing to sue smaller distilleries for trademark infringement, even if the smaller distilleries are not using the trademark in a way that is likely to confuse consumers. This can make it difficult for small distilleries to compete with large distilleries.
Conclusion
The Log Still Distillery lawsuit is a reminder that large distilleries are willing to sue smaller distilleries for trademark infringement, even if the smaller distilleries are not using the trademark in a way that is likely to confuse consumers. This can make it difficult for small distilleries to compete with large distilleries.
FAQs
Q: What is the difference between trademark infringement and unfair competition?
A: Trademark infringement is the unauthorized use of a trademark that is likely to cause confusion among consumers. Unfair competition is a broader term that encompasses any business practice that deceives or misleads consumers.
Q: Why did Heaven Hill sue Log Still Distillery?
A: Heaven Hill sued Log Still Distillery for trademark infringement because Log Still was using the name “J.W. Dant” on its website and in its marketing materials. Heaven Hill argued that this was likely to confuse consumers, who might think that Log Still’s products were affiliated with Heaven Hill’s products.
Q: What was the outcome of the lawsuit?
A: Heaven Hill and Log Still settled the lawsuit in August 2023. Log Still agreed to stop using the name “J.W. Dant” in any way.
Q: What are the implications of the lawsuit for other small distilleries?
A: The Log Still Distillery lawsuit shows that large distilleries are willing to sue smaller distilleries for trademark infringement, even if the smaller distilleries are not using the trademark in a way that is likely to confuse consumers. This can make it difficult for small distilleries to compete with large distilleries.
Q: What can small distilleries do to protect themselves from trademark infringement lawsuits?
A: Small distilleries can protect themselves from trademark infringement lawsuits by conducting a trademark search before choosing a name for their distillery or their products. They should also register their trademarks with the United States Patent and Trademark Office (USPTO). This will give them legal protection against trademark infringement.
Q: What can consumers do to avoid confusion when buying whiskey?
A: Consumers can avoid confusion when buying whiskey by paying attention to the following:
- The distillery name: This is the most important factor to consider when buying whiskey. Make sure to buy whiskey from a reputable distillery.
- The whiskey type: There are many different types of whiskey, including bourbon, scotch, Irish whiskey, and Japanese whiskey. Make sure to choose a type of whiskey that you enjoy.
- The age statement: The age statement tells you how long the whiskey has been aged. Whiskey that has been aged for longer is typically more expensive, but it is also smoother and more flavorful.
- The proof: The proof is the percentage of alcohol by volume (ABV) in the whiskey. Whiskey with a higher proof is stronger than whiskey with a lower proof.
Consumers can also avoid confusion by asking for help from a knowledgeable salesperson at a liquor store.
References
- Heaven Hill Distilleries, Inc. v. Log Still Distilling, LLC, No. 3:21-cv-00048 (W.D. Ky. Aug. 5, 2021): https://casetext.com/case/heaven-hill-distilleries-inc-v-log-still-distilling-llc
- Heaven Hill Distilleries, Inc. v. Log Still Distilling, LLC, No. 3:21-cv-00048 (W.D. Ky. Aug. 4, 2023): https://www.distillerytrail.com/blog/heaven-hill-vs-log-still-distillery-court-grants-motion-for-preliminary-injunction-stop-using-j-w-dant-brand/)
