Derby pie
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Derby pie is a
History
Derby Pie was created in 1954 by the Melrose Inn in Prospect, Kentucky as a specialty pastry. The restaurant's owners and derby pie creators were Walter and Leaudra Kern, who constantly researched the optimal recipe for their creation. They were assisted by their son George Kern. The name "derby pie" was chosen because the various family members each had a different name for the creation, so to resolve the naming quandary they put the various names in a hat, and pulled out the paper which said "derby pie".[2]
The name "derby pie" is a registered trademark of Kern's Kitchen, which registered the name in 1968. The company uses the name in the form "DERBY-PIE" in official literature and advertisements. The recipe is kept secret, known only to a small group of Kern family members and a single Kern's Kitchen employee (who actually mixes the recipe today). Kern's Kitchen diligently guards the trademark and has filed more than 25 lawsuits to protect it over the years.[3] The makers of similar pies have had to use a different name such as "Pegasus pie", a reference to the Pegasus Parade at the Kentucky Derby Festival, and May Day pie, in reference to the First Saturday in May, the day of the Kentucky Derby.
After leaving the Melrose Inn in 1960, the Kern family continued to make derby pie for select customers. In 1969 they trademarked the name "derby pie" to both the state government of Kentucky and the
In May 2013, the Electronic Frontier Foundation inducted Kern's Kitchen into its "Takedown Hall of Shame," claiming that "the company behind the most litigious confection in America is going after individual websites that post new recipes for derby pies."[6]
Lawsuit against Louisville, Kentucky, newspaper
DERBY-PIE owner Alan Rupp sent a letter to the Louisville
The lower court dismissed all claims, writing in part that Mr. Rupp did “not plausibly establish that there is a risk of consumer confusion” between the trademarked DERBY-PIE and the home-made pie.[7]
On January 11, 2021, a federal appeals court agreed, writing that “the Courier-Journal has used the phrase ‘Derby pie’ in a ‘wholly descriptive manner,’” and that “we can assuredly say that the Courier-Journal did not use ‘Derby pie’ in a trademark way.”[8]
Mr. Rupp’s lawsuit also lacked a key ingredient: similarity, the court wrote, adding that it was the man’s “own evidence” that revealed that “no reader could possibly think that a so-called ‘Derby pie’ containing bourbon and no vanilla came from the company or companies associated with DERBY-PIE.”
See also
References
- ISBN 978-0-299-22494-3.
- ^ Kleber, John E. Encyclopedia of Louisville. (University Press of Kentucky). pg.246.
- ^ Barrouquere, Brett (March 18, 2013). "Kern's Kitchen Sues over Pie Trademark". Food Manufacturing. Associated Press. Archived from the original on April 25, 2013. Retrieved May 7, 2013.
- ^ Kleber pg.246.
- ^ Pearl, Charlie (April 17, 2008). "Still playing the pie game". Frankfort, Ky.: The State Journal. Archived from the original on July 16, 2011. Retrieved May 29, 2010.
- ^ Higgins, Parker (May 6, 2013). "Takedown Hall of Shame Inductions, May 2013". Electronic Frontier Foundation. Archived from the original on February 1, 2014.
- ^ "Louisville Newspaper Beats 'Derby Pie' Trademark Claims".
- ^ "Kentucky Newspaper Beats 'Derby Pie' TM Case at 6th Circ. - Law360".
Further reading
- Hornung, Lisa (April 20, 2005). "The Pie Smackdown". Courier-Journal.