Bourbon Distiller Tells 5th Circuit Plaintiff Abandoned ‘Cowboy’ Mark

Mealey's (September 15, 2017, 12:03 PM EDT) -- NEW ORLEANS — Citing years with no sales of its trademarked whiskey, coupled with having never sold its product in the United States, a bourbon distillery argues in a Sept. 6 brief to the Fifth Circuit U.S. Court of Appeals that a jury correctly found that a plaintiff whiskey seller abandoned its trademark years before the defendant’s use of a similar mark (Allied Lomar Inc. v. Lone Star Distillery LLC, et al., No. 17-50148, 5th Cir.)....