“Derby Pie” Trademark Dispute

FoodManufacturing.com has a nice article on a trademark dispute in which Kern’s Kitchen has filed suit against Claudia Sanders Dinner Houses over the latter’s alleged “use” of the term “Derby Pie.”   Kern’s Kitchen created the “Derby Pie” (a specific and evidently delicious chocolate-nut pie) in 1954 and owns the trademark for this term.   According to FoodManufacturing, the dispute is centered on whether servers at the restaurant were calling their pie “Derby Pie” even though the menu simply advertises “Claudia’s Kentucky Pie — Made With Chocolate Chips and Pecans.”  Notably:

Kern’s Kitchen hasn’t been shy about challenging others in court.  In recent years, it has sued Bon Appetit magazine and a Frankfort restaurant called Rick’s White Light Diner.

Bon Appetit won a legal victory when a judge in 1987 found the name to be generic, but the U.S. 6th Circuit Court of Appeals overturned that decision.

Please see the complete article here.

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