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To embed, copy and paste the code into your website or blog: Rupp v. Courier-Journal, Inc. involves a dispute between the makers of DERBY-PIE®—a trademarked chocolate-nut pie—and a local newspaper that published two articles about other businesses creating other chocolate-nut desserts. Departing somewhat from its own ruling decades earlier in a separate case involving “Derby pie,” the Sixth Circuit doled out a loss to Rupp, affirming the district court’s holding that the defendant’s challenged use of the term “Derby pie” was a non-trademark use for which the newspaper was not...

Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest round-up, we look at Global Icons becoming the worldwide licensing agent for Betty Boop, ECTA launching its committee elections, the island of Hainan adopting measures to strengthen IP rights protections, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL). Market radar: Global Icons becomes worldwide licensing agent for Betty Boop – Fleischer Studio has announced a deal with Global Icons w...

Tue, Jan 12th 2021 8:08pm — Timothy Geigner Last month, we discussed a crazy lawsuit brought by Alan Rupp, owner of Kern's Kitchen and the trademark for the fairly famous "Derby Pie." Rupp has a reputation for policing his trademark aggressively, having gone after a myriad of online publications and blogs for publishing their own recipes, leading to the EFF at one point posting its own recipe for a "censorship pie." But threatening blogs is one thing. Going after an established newspaper like the Louisville Courier-Journal is something quite different. Especially when that paper's only act...

Although the term Derby Pie is trademarked and denotes a specific type of chocolate nut pie, the court ruled the newspaper did not infringe on the mark when it published an article about pie-flavored macarons and a recipe for bourbon-infused pie. A slice of Derby Pie, a chocolate and walnut dessert. (Photo by Markmark28 from Wikipedia Commons) CINCINNATI (CN) — The Louisville Courier-Journal’s use of the words “derby pie” in a recipe and article featuring variations of the dessert did not infringe on a bakery owner’s trademark rights, the Sixth Circuit ruled. An unpublished decision...

Mon, Dec 14th 2020 7:56pm — Timothy Geigner Long-time Techdirt readers may recall that the "Derby Pie", a notable dessert sold in Kentucky chiefly around the time of The Kentucky Derby, has been the previous subject of trademark issues. Way back in 2013, the EFF posted a special recipe for its "mean-spirited censorship pie" after Kern's Kitchen, headed by Alan Rupp, went on a threat blitz against a bunch of blogs for posting their own recipes for "derby pie". Rupp has a trademark on the term, see, and seems to think that trademark means that he is in universal control of anyone using it for...