Grand Rapids Distillery Being Sued for Using the Word ‘Breakfast’
A distillery in Grand Rapids is being sued over the name of its whiskey.
MLive reports that Few Spirits LLC of Evanston, Illinois, makers of "Breakfast Gin", has filed a lawsuit against Grand Rapids' Gray Skye Distillery, who plan to launch their "Breakfast Rye" next week.
According to MLive, Grand Rapids attorney Bruce Courtrade wrote in the lawsuit,
"(Gray Skies Distillery) has deliberately and willfully used the 'Breakfast Rye' mark to trade upon Few's widespread and hard-earned goodwill in its 'Breakfast Gin' distilled spirits, as well as to confuse consumers as to the origin and sponsorship of (Gray Skies') distilled spirits."
Few Spirits, which trademarked "Breakfast Gin" in Jan. 2016, is asking that Gray Skies be prevented from selling products labelled "Breakfast Rye", pay damages, and recoup Few's court and attorney fees, MiBiz reports.
Thomas Williams, an attorney representing Gray Skies Distillery told MiBiz,
“The whole concept of trademark law is to protect consumers from confusion so that they don’t buy one product thinking it’s from one source and it’s actually from somewhere else. When we look at this case, we don’t see that there’s a likelihood of confusion. When you look at the bottles, they’re totally different. When you look at the labels, they’re totally different...These are craft liquors. I’m pretty sure the consumers are discriminating and they’re not going to get mixed up if you hand them a glass of gin and they asked for a glass of whiskey.”
According to a post on Gray Sky Distilleries' Facebook Page, Breakfast Rye, which is finished in maple syrup barrels, will be available in their tasting room December 5.