Bulleit® Bourbon Maker Asserts Trade-Dress Rights to “Canteen­-Shaped” Bourbon Bottle

Diageo has filed a trademark-­infringement and dilution lawsuit against a competitor that allegedly mimicked Diageo’s Bulleit® bottle shape and labeling. Diageo N. Am. V. W.J. Deutsch & Sons, No. 17­-4259 (S.D.N.Y., filed June 6, 2017). Diageo asserts that Bulleit® is sold in a “distinctive canteen-­shaped bottle featuring embossed lettering” on the label, meant to “evoke the rugged look and feel of the American Frontier.” The complaint alleges that after W.J. Deutsch bought the Redemption whiskey product line, it redesigned the products to have a “clear canteen-­shaped glass bottle,” an embossed brand name and a cork bottle cap with a black top. Claiming trademark and trade­ dress infringement and dilution, Diageo seeks injunctive relief, damages and attorney’s fees.

Issue 638