SAZERAC BRANDS V. PERISTYLE: BOURBON HISTORY MATTERS AS A MATTER OF LAW

Written By: Brian F. Haara and Melissa M. Whitehead

In Sazerac Brands, the Sixth Circuit became the first court to formally recognize that the Lanham Act’s fair-use defense can protect the use of a historically accurate goegraphic name of a property, even when the name is part of a recognized trademark. This conclusion opens new doors for those seeking to invest in historic property. This Article analyzes the implications of Sazerac brands on the booming industry of Kentucky bourbon.

Read Article