On May 28, 2024, The Second Circuit upheld their post-trial order that requires W.J Deutsch & Sons Ltd. to modify its Redemption whiskey bottles due to the jury finding that they diluted Diageo’s trademark rights for their Bulleit Whiskey brand. This ultimately led the panel to uphold their permanent injunction, prohibiting Deutsch from selling whiskey in the disputed bottles. The panel ruled that there was sufficient evidence showing that Bulleit’s packaging was well-known and similar enough to Redemption’s to support the dilution claims as well. This stems from a claim Diageo made back in 2017, where it claimed that Redemption’s bottles were too similar to the Bulleit bottles.
For further reading, check out:
- Diageo defeats appeal in Bulleit bourbon bottle trademark fight By Blake Brittain