The owner of DERBY-PIE – which owns a federal trademark for a "well-known chocolate nut pie" – ended the money in his lawsuit against a newspaper in Louisville, Kentucky, which published a recipe for the popular race day dessert, a federal appeals board ruled Monday. in rejecting the suit. know infringement of its trademark. "A few weeks later, the paper published an article about a local baker making" Derby Pie "macaroons, urging Mr. Rupp to sue in a federal court in Kentucky.
The lower court rejected all claims, writing in part that Mr Rupp "does not reasonably establish that there is a risk of consumer confusion" between the trademarked DERBY-PIE and the homemade pie. has used the phrase "Derby pie" in a "fully descriptive manner", "and that" we can say with certainty that Courier-Journal did not use "Derby pie" in a trademarked manner.
Mr Rupp's trial also lacked an important ingredient: equality, the court wrote, adding that it was the man's 'own evidence' that revealed that no reader could think that a so-called 'Derby pie' containing bourbon and no vanilla came from companies or companies associated with DERBY-PIE. "
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