Fifth Circuit Affirms Garrison Brothers Distillery Trademark Win

The U.S. Court of Appeals for the Fifth Circuit has affirmed a jury verdict in favor of Garrison Brothers Distillery, affirming its right to continue to use the name “Cowboy Bourbon” for its award-winning barrel strength Texas whiskey.  Garrison Brothers was sued by a California company that claimed it owned exclusive rights to the word “cowboy,” and that sales of GB’s Cowboy Bourbon was causing confusion with its products.  A jury disagreed, finding not only that there was no likelihood of confusion, but that the California company had abandoned its claimed trademark.  The Fifth Circuit affirmed the jury’s finding in a per curiam orderPete Kennedy and Steve Smit represented Garrison Brothers at trial and on appeal.