Whitesburg KY

Distillery drops UK suit

U.S. District Judge Danny C. Reeves this week signed an order dismissing Kentucky Mist Moonshine Inc.’s federal lawsuit against the University of Kentucky over trademarks.

Reeves signed the order in Lexington on Monday after Kentucky Mist filed a “notice of voluntary dismissal of complaint,” in which it asks the judge to dismiss the case “without prejudice,” meaning the action could be reinstated should Kentucky Mist choose.

James Francis, a lawyer for Whitesburg-based Kentucky Mist, told the Lexington Herald-Leader on Monday the two sides are trying to work out an agreement.

The distillery filed suit because UK threatened legal action to stop the company’s registration in a trademark category that includes hats, hooded sweatshirts, jackets, pants, shirts, shoes and socks.

The category is one in which UK claims use of the word “Kentucky” to identify its various articles of clothing sold to fans.

Kentucky Mist had asked the court to rule there’s no infringement by Kentucky Mist Moonshine’s use of the word “Kentucky.”

Kentucky Mist co-owner Colin Fultz said he could not comment on the company’s decision Tuesday other than to say Kentucky Mist hopes to “work on a solution” with UK regarding the trademark issue.”

The Associated Press contributed to this report.

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