Latest Applications to Protect Whiskey Bottle Trade Dress

[cowdery]

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

[tlsmothers]

Impossible unless you are vacationing with Cliff in the islands!

[Barrel_Proof]

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.

[OneCubeOnly]

Pretty close:

[Barrel_Proof]

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?

[OneCubeOnly]

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:

[dgonano]

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

[OneCubeOnly]

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!

[Barrel_Proof]

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