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  1. #41
    Bourbonian of the Year 2011
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    Re: Barton loses

    Has a link been posted to the order? I'd like to read it. If the matter was based on the likelihood of confusion by potential buyers of Woodford Reserve, with due deference to the judge who rendered the decision, I do not agree with it. I was wondering if the decision might have been based on other, or additional, grounds, e.g., copyright violation, breach of confidentiality, or something other than mere marketplace confusion. No doubt the test for confusion pertains to the casual buyer and is one of overall impression, but still..

    Gary

  2. #42
    Bourbonian of the Year 2002 and Guru
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    Re: Barton loses

    I haven't seen a link to the decision, but I think the key words from the CJ article are: "...the company purposely violated the trademark rights of Brown-Forman Corp." (emphasis added.)

  3. #43
    Bourbonian of the Year 2002 and Guru
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    Re: Barton loses

    The Courier-Journal business writer who covered the Barton story is an old friend of mine. I emailed him and what he reported is what the judge delivered from the bench. She said the decision probably will be published tomorrow.

    Here is a more detailed version of the story.

  4. #44
    Connoisseur
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    Feb 2000
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    Florida
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    516

    Re: Barton loses


    This part is odd...

    The judge ordered all Ridgewood bottles OUTSIDE Kentucky off retail shelves immediately and gave Barton 60 days to remove them from stores INSIDE the state.

    Omar







  5. #45
    Bourbonian of the Year 2002 and Guru
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    Re: Barton loses

    The rollout to the other states occurred after the lawsuit was filed, hence the difference. Also, as a practical matter, the judge knew the distribution outside Kentucky was minimal, so pulling the product would be easy. As a futher practical matter, the more generous allowance for distribution inside Kentucky would appear to be moot, as the stuff has been flying off the shelves ever since the decision was announced.

  6. #46
    Bourbonian of the Year 2003 and Super Moderator
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    Re: Barton loses

    For all practical concerns , she could have ordered 6 days and the end result would be the same. Liquor Barn on Fern Valley Road was completely out by 8:30 Saturday. Maybe there's a bottle or 2 in Podunk Kentucky or some other little burg where everyone has had their heads under a rock for the last little bit.

  7. #47
    Bourbonian of the Year 2006
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    Re: Barton loses

    Is Podunk north or south of Monkey's Eyebrow?

  8. #48
    Bourbonian of the Year 2003 and Super Moderator
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    Re: Barton loses

    It's the same place, Where you are is what determines the correct name.

  9. #49

    Re: Barton loses

    As of this writing (late afternoon Monday), word still hasn't been channeled through distributors to retailers in Middle Tennessee that removal's been ordered. I managed to snag a 6-bottle case of Ridgewood (at 15% off its $18.99 shelf price, to boot) a little while ago from a retailer who'd stocked a bunch to begin with (hence, the low price) and knew he wasn't going to be able to sell it if it's recalled. He still had at least a couple of cases, if I haven't talked him into setting them aside for himself. Though The Tennessean newspaper ran a story last week about the lawsuit, I haven't seen anything yet about the decision. I suspect there is no rush here yet because of that. So, product is still available -- either until the distributors take it back, or consumers become aware it's disappearing anytime.


  10. #50

    Re: Barton loses

    From the Courier-Journal story:
    Coffman cleared up one side issue that had occupied the opponents in the trial -- the shape of the two bottles. "The Woodford Reserve bottle is a flask," she said. "The Ridgewood Reserve bottle is a decanter."
    So, apparently, they can keep the bottle, presumably the contents, but not the name/marketing. Interesting to see if they will keep the bottle.

 

 

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