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Diageo N. Am. Inc. v. W.J. Deutsch & Sons Ltd.

Fraud, Abandonment, Functionality Claims Survive in Suit Over Whiskey Bottles' Similarity

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OPINION & ORDER

*1 Diageo North America, Inc. (“Diageo”) moves, pursuant to Federal Rule of Civil Procedure 12(b)(6), for dismissal of the second, third, and fourth counterclaims pleaded by Deutsch Family Wine & Spirits, and Bardstown Barrel Selections LLC (collectively, “Deutsch”). For the following reasons, the motions are denied.BACKGROUNDThe plaintiff/counterclaim-defendant is Diageo, the owner of the Bulleit brand family of whiskeys. Diageo has registered the trade dress of Bulleit bottles, Reg. No. 3,075,812. The defendant/counterclaim-plaintiff is Deutsch, a direct competitor of Diageo and owner of the Redemption brand family of whiskeys.

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