Doc Brown Farm LLC et al v. Doc Brown Enterprises Inc., Civil Action No. 2:22-cv-00241-RWS (N.D. Ga., Dec 1, 2022)
Doc Brown Farm and Distillers seek declaratory judgment under the Lanham Act in the Northern District.
Doc Brown claims to be Georgia’s only seed-to-still distillery, turning its homegrown grains into a variety of bourbons and bourbon-containing products. However, it has run up against a “Doc Brown” mark registered by Defendant Doc Brown Enterprises, Inc. of Florida, who registered the trademark in 2018 for use in the field of rum sales.
Plaintiffs, however, allege that the Defendant has essentially never used the mark in commerce and that its three-consecutive years of non-use of the mark (with no intent to use in the future) abrogates the Defendant’s exclusivity to that mark.
Through cease and desist letters and other means of mediation, the parties have failed to agree to mutual terms for the use of the mark, and so the Plaintiffs now seek declaratory judgment on their alleged non-infringing use of a trademark.
The case has been assigned to Judge Richard Story.
Categories: Before 2017