Diageo Wins Appeal To Uphold Ban On Similar Whiskey Bottle Design In Bulleit Bourbon Trademark Fight

Diageo Wins Appeal To Uphold Ban On Similar Whiskey Bottle Design In Bulleit Bourbon Trademark Fight

Liquor giant Diageo secured a significant legal victory as the 2nd U.S. Circuit Court of Appeals upheld a ban on the use of a whiskey bottle design found to be confusingly similar to Diageo's Bulleit bourbon packaging.

The appellate court concurred with a Manhattan federal court's decision that Diageo had presented sufficient evidence demonstrating that W.J. Deutsch's Redemption whiskey bottles diluted the distinctiveness of Bulleit's Trademark.

Diageo spokesperson praised the ruling as "a victory for Diageo and our commitment to protecting our beloved brands."

Diageo had filed the lawsuit in 2017, alleging that the Stamford, Connecticut-based company, Deutsch, had replicated Bulleit's distinctive "clear canteen-shaped glass bottle with rounded shoulders" and other unique features to mimic its "vintage style and appearance." Diageo argued that Deutsch's design intended to capitalize on Bulleit's established reputation.

In 2022, a jury ruled that Deutsch's bottle design diluted the distinctiveness of Bulleit's packaging. Following the verdict, U.S. District Judge Louis Stanton prohibited Deutsch from using the contested bottle design.

During oral arguments in February, Deutsch contested the ruling, asserting that Bulleit did not possess the "household-name level of recognition" required to justify the dilution decision. However, a three-judge panel upheld the jury's findings, confirming that Bulleit's design was sufficiently famous and distinct to support the court's decision.