Trademark Protects Derby Pie

Trademark Protects Derby Pie

Over forty years ago, the owners of Kern’s Kitchen obtained a registered trademark for Derby Pie, in the United States (in 1969).  Kern’s Kitchen trades as a restaurant in Kentucky, and sells desserts with the name Derby Pie, not because the pie originates from Derby, but on account of the renowned Kentucky Derby.

Whenever Kern’s Kitchen spots someone else trying to sell a Derby Pie, it uses its trademark registration to allege infringement.

Recently, it alleged that another Kentucky restaurant, Claudia Sanders Dinner House, was selling a dessert, which staff called the same name, Derby Pie.  The matter was taken to court when the latter would not agree to discontinue use of the name.  Although the case progressed to court, the parties reached a settlement, in October 2013, with the approval of the District Court judge, Gregory F. VanTatenhove.

Claudia Sanders Dinner House was obliged to agree not to sell any pie bearing a name resembling the registered trademark, Derby Pie.