We’ve all heard about the Hatfields and McCoys feudin’, well now, there’s a new feud brewing in Kentucky between a start up distillery, Kentucky Mist Moonshine and the University of Kentucky.
Kentucky Mist Moonshine distillery co-owner, Colin Flutz has received a cease and desist order from the University of Kentucky. Flutz says that Kentucky Mist Moonshine, recently applied for a trademark to sell their T-shirts and other merchandise with their Kentucky Mist Moonshine logo on. It turns out, that the University of Kentucky filed for and was approved exclusive rights to use the word “Kentucky” on these kinds of items. The letter from attorney Michael Hargis of the Lexington law firm King & Schickli representing the University is warning Kentucky Mist Moonshine to abandon their request for a trademark.
Kentucky Mist Moonshine Co-Owner Colin Flutz
The letter from the University of Kentucky attorney says,
“…the University (of Kentucky) is requesting that Kentucky Mist Moonshine, Inc. expressly abandon its effort to register the mark KENTUCKY MIST MOONSHINE & Design (U.S. Reg. App. Ser. No. 86/577) in Class 25.”
“The University (of Kentucky) has used the federally registered mark KENTUCKY as a source identifier of its goods and services continuously since at least as early as 1997.”
“It is our present position that Kentucky Mist Moonshine Inc.’s use of the mark KENTUCKY MIST MOONSHINE to identify articles of clothing is likely to cause deception, confusion and mistake as to Kentucky Mist Moonshine Inc.’s affiliation, connection or association with the university.”
Is This a Case of Bullying? What about the Kentucky Derby, Oaks, Speedway?
It’s hard to believe that any entity could trademark the name of a state but, apparently in 1997 the University of Kentucky applied for and was granted the right. If Kentucky Mist Moonshine is in violation then there must be a line of other businesses also in violation. Have you ever heard of a little thing called the Kentucky Derby? Do you think they sell a few T-shirts each year? Kentucky Horse Park, Kentucky Oaks, Kentucky Speedway. The list goes on and on.
 Colin Flutz of Kentucky Moonshine Interview on Fox News
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