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  1. #21
    Bourbonian of the Year 2002 and Guru
    Join Date
    Sep 1999
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    Chicago
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    12,622

    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    It's not nice to tease the collectors with a picture of the impossible-to-find 1986 vintage.

  2. #22
    Connoisseur
    Join Date
    Nov 2003
    Location
    Birmingham, AL
    Posts
    540

    Re: Latest Applications to Protect Whiskey Bottle Trade Dress

    Impossible unless you are vacationing with Cliff in the islands!

  3. #23
    Bourbonian of the Year 2007
    Join Date
    Jan 2003
    Location
    NYC, Louisville, Shenzhen
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    1,602

    Whiskey Bottle Trade Dress -- Design 1

    Here is the other bottle design for which this company has sought trade dress protection in recent weeks. It, too, was filed as an "Intent to Use" application. For ready reference, call this "Design 1."

    Ain't this fun?
    Well, gang, I erred. In my haste to post these latest applications to obtain whiskey bottle trade dress protection, I stated that the application to register Design 1 was filed as on an "Intent to Use" basis. In fact, it was filed based on actual use in commerce, which was stated to have first been on June 10, 1999.
    Attached Images Attached Images

  4. #24
    Connoisseur
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    May 2003
    Location
    Virginia
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    621

    Re: Whiskey Bottle Trade Dress -- Design 1

    Pretty close:
    Attached Images Attached Images

  5. #25
    Bourbonian of the Year 2007
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    Jan 2003
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    NYC, Louisville, Shenzhen
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    1,602

    Re: Whiskey Bottle Trade Dress -- Design 1

    Close, indeed, but since the application was based on actual use, why not apply for the one and same bottle design actually used?

    The Buffalo Trace bottle in use does, indeed, vary --albeit slightly-- from the drawing submitted by Sazerac to the USPTO.

    Did Sazerac bottle another whiskey in a bottle more similar to the drawing? Does that explain the variance? I suspect not. I bet the drawing submitted to the USPTO was the one presented to the bottle manufacturer, but that the BT bottle ultimately produced and used in commerce differed, as illustrated in the previous post.

    Ain't this fun?

  6. #26
    Connoisseur
    Join Date
    May 2003
    Location
    Virginia
    Posts
    621

    Re: Whiskey Bottle Trade Dress -- Design 1

    There's a similar variance if Dave's Dickel guess was correct for the other design. Note that on the true bottle the facets don't extend down into the label:
    Attached Images Attached Images

  7. #27
    Connoisseur
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    Jan 2004
    Location
    Baldwin, Maryland
    Posts
    635

    Re: Whiskey Bottle Trade Dress -- Design 1

    Didn't Cliff infer that both design #1 and design #2 were submitted by the same distiller?

  8. #28
    Connoisseur
    Join Date
    May 2003
    Location
    Virginia
    Posts
    621

    Re: Whiskey Bottle Trade Dress -- Design 1

    Didn't Cliff infer that both design #1 and design #2 were submitted by the same distiller?
    I thought so, but he's being cleverly cryptic!

    The only Buffalo Trace bottle that even comes close is Old Charter, but it's a pretty big departure from the drawing. The Van Winkles have the long neck, but no fluting, so I guess I have NO idea!

  9. #29
    Bourbonian of the Year 2007
    Join Date
    Jan 2003
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    NYC, Louisville, Shenzhen
    Posts
    1,602

    Re: Whiskey Bottle Trade Dress -- Design 2

    Design 2 was, indeed, applied for by Sazerac (Buffalo Trace's parent company), on an "Intent to Use" basis.
    Attached Images Attached Images

 

 

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