ESTTA Tracking number:
`
`ESTTA1419925
`
`Filing date:
`
`03/06/2025
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Correspondence
`information
`
`The Old Pogue Distillery
`
`Limited Liability Corporation
`
`716 WEST SECOND STREET
`MAYSVILLE, KY 41056
`UNITED STATES
`
`Incorporated or
`registered in
`
`Kentucky
`
`PETER H POGUE
`PRESIDENT
`THE OLD POGUE DISTILLERY
`716 WEST SECOND STREET
`MAYSVILLE, KY 41056
`UNITED STATES
`Primary email: info@oldpogue.com
`Secondary email(s): ppogue@schultzpoguelaw.com
`No phone number provided
`
`Registration subject to cancellation
`
`Registration no.
`
`7708671
`
`Registration date
`
`02/25/2025
`
`Register
`
`Registrant
`
`Supplemental
`
`Woodford County Tourist Commission
`126 SOUTH MAIN ST.
`VERSAILLES, KY 40383
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 035. First Use: Apr 19, 2024 First Use In Commerce: Apr 19, 2024
`All goods and services in the class are subject to cancellation, namely: Promoting recreation and
`tourism in Woodford County, Kentucky
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 23(a) and 2(d)
`
`Deceptiveness
`
`Geographic indication which, if used on or in
`connection with wine or spirits, identifies a place
`other than the origin of the goods
`
`Trademark Act Sections 23(a) and 2(a)
`
`Trademark Act Sections 23(a) and 2(a)
`
`Mark cited by petitioner as basis for cancellation
`
`
`
`ESTTA1419925
`
`Filing date:
`
`03/06/2025
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Correspondence
`information
`
`The Old Pogue Distillery
`
`Limited Liability Corporation
`
`716 WEST SECOND STREET
`MAYSVILLE, KY 41056
`UNITED STATES
`
`Incorporated or
`registered in
`
`Kentucky
`
`PETER H POGUE
`PRESIDENT
`THE OLD POGUE DISTILLERY
`716 WEST SECOND STREET
`MAYSVILLE, KY 41056
`UNITED STATES
`Primary email: info@oldpogue.com
`Secondary email(s): ppogue@schultzpoguelaw.com
`No phone number provided
`
`Registration subject to cancellation
`
`Registration no.
`
`7708671
`
`Registration date
`
`02/25/2025
`
`Register
`
`Registrant
`
`Supplemental
`
`Woodford County Tourist Commission
`126 SOUTH MAIN ST.
`VERSAILLES, KY 40383
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 035. First Use: Apr 19, 2024 First Use In Commerce: Apr 19, 2024
`All goods and services in the class are subject to cancellation, namely: Promoting recreation and
`tourism in Woodford County, Kentucky
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 23(a) and 2(d)
`
`Deceptiveness
`
`Geographic indication which, if used on or in
`connection with wine or spirits, identifies a place
`other than the origin of the goods
`
`Trademark Act Sections 23(a) and 2(a)
`
`Trademark Act Sections 23(a) and 2(a)
`
`Mark cited by petitioner as basis for cancellation
`
`
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`Birthplace of Bourbon
`
`Goods/services
`
`Spirits, Tourism, Merchandise
`
`Attachments
`
`Petition to Cancel Woodford County.pdf(107514 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Peter H Pogue/
`
`Peter H Pogue
`
`03/06/2025
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Reg. No. 7708671
`For the trademark BIRTHPLACE OF BOURBON
`
`
`
`
`
`
`
`
`THE OLD POGUE DISTILLERY, LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner
`
`
`
`
`
`
`
`
`
`
`
`
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`v.
`
`
`
`
`
`
`
`
`
`
`
`
`WOODFORD COUNTY TOURIST
`
`COMMISSION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Registrant.
`
`
`
`
`
`Cancellation No. _______________
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`PETITION TO CANCEL
`
`
`
`The Old Pogue Distillery, LLC (“Petitioner”) hereby files its Petition to Cancel
`
`Registration No. 7,708,671 that is owned by Woodford County Tourist Commission
`
`(“Registrant”). The grounds for this Petition to Cancel are as follows:
`
`THE PARTIES
`
`1.
`
`Petitioner is a Kentucky limited liability company with a place of business at 716
`
`West Second Street, Maysville, KY 41056.
`
`2.
`
`Registrant is a Kentucky Special Purpose Governmental Entity under Kentucky
`
`Revised Statutes 65A.010 (perhaps a form of state instrumentality) with a place of business at 126
`
`South Main Street, Versailles, Kentucky 40383.
`
`FACTUAL BACKGROUND
`
`3.
`
`Petitioner produces, markets and sells a number of different types and brands of
`
`alcoholic beverages, namely, distilled spirits, specifically Kentucky bourbon and rye whiskey,
`
`distilled, bottled, marketed and sold in the United States, and originating in Maysville, Mason
`
`County, Kentucky, with a history dating to 1876.
`
`
`
`4.
`
`Petitioner is the owner of substantial trademark rights in the mark THE
`
`BIRTHPLACE OF BOURBON.
`
`5.
`
`Petitioner has been using the mark THE BIRTHPLACE OF BOURBON to
`
`promote its products, related services, and tourism since 2014. Since that time, Petitioner has
`
`established extensive and valuable goodwill in the mark and has spent significant amounts of time
`
`and money establishing this goodwill.
`
`6.
`
`THE BIRTHPLACE OF BOURBON mark has come to indicate and stand for the
`
`high-quality products, services, and tourism offered by Petitioner.
`
`7.
`
`As a result of Petitioner’s use of THE BIRTHPLACE OF BOURBON mark, THE
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`BIRTHPLACE OF BOURBON mark has become valuable property of Petitioner.
`
`8.
`
`Registrant’s trademark application for the BIRTHPLACE OF BOURBON mark
`
`proceeded to registration on the Supplemental Register as Registration No. 7,708,671, (the
`
`“Registration”) on February 25, 2025.
`
`9.
`
`The Registration claims current use in commerce and covers recreation and
`
`tourism.
`
`10.
`
`Extensive historical documentation by academicians and historians document
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`Maysville, Mason County, Kentucky, as the origin of bourbon whiskey, not Woodford County,
`
`Kentucky.
`
`11.
`
`Petitioner, not Registrant, is incorporated in the community commonly and
`
`historically documented as the “Birthplace of Bourbon.”
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`1st Ground for Opposition -
`Likelihood of Confusion
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`12.
`
`Petitioner incorporates by reference paragraphs 1-11 and re-alleges them as if stated
`
`
`
`herein.
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`
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`13.
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`Petitioner’s actual, continuous, and continuing use of THE BIRTHPLACE OF
`
`BOURBON mark in commerce began well before Registrant filed its Application and/or began
`
`using the BIRTHPLACE OF BOURBON mark.
`
`14.
`
`Registrant’s use and registration of the BIRTHPLACE OF BOURBON mark for
`
`the services listed in the Registration is likely to cause confusion, mistake, and/or lead to deception
`
`as to the origin of Registrant’s services in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
`
`§1125(a).
`
`15.
`
`The likelihood of confusion is apparent in this instance because: (a) the parties are
`
`using practically identical marks; and (b) Petitioner and Registrant will use their respective marks
`
`in connection with the goods and services related to bourbon.
`
`16.
`
`Registrant’s use and registration of the BIRTHPLACE OF BOURBON mark is
`
`likely to result in confusion and substantial damage and injury to Petitioner. Persons familiar with
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`Petitioner’s business and its use of THE BIRTHPLACE OF BOURBON mark are likely to believe
`
`that Registrant’s services originate with, or are licensed, sponsored, or approved by Petitioner. Any
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`such confusion would inevitably result in damage to the goodwill and reputation that Petitioner
`
`has established in THE BIRTHPLACE OF BOURBON mark.
`
`2nd Grounds for Opposition –
`Deceptively Misdescriptive Mark
`
`
`17.
`
`herein.
`
`Petitioner incorporates by reference paragraphs 1-16 and re-alleges them as if stated
`
`18.
`
`The intended use of the BIRTHPLACE OF BOURBON mark by Registrant is
`
`deceptively misdescriptive in violation of Sections 2(e) of the Lanham Act, 15 U.S.C. §1052(e).
`
`19.
`
`Registrant’s intended use of the BIRTHPLACE OF BOURBON mark would
`
`suggest that bourbon originated in Woodford County, Kentucky, which is false. Extensive
`
`
`
`historical documentation by academicians and historians document Maysville, Kentucky, as the
`
`origin of bourbon whiskey.
`
`20.
`
`Prospective consumers, tourists, and other individuals of the consuming public, are
`
`likely to falsely believe, based on Registrant’s use and registration of the BIRTHPLACE OF
`
`BOURBON mark, that Registrant’s County, Woodford County, Kentucky, is the location where
`
`bourbon whiskey was first distilled and where it is named after.
`
`21.
`
`Petitioner is incorporated in the community commonly and historically documented
`
`as the “Birthplace of Bourbon,” and Petitioner will be damaged by Registrant’s Registration of the
`
`BIRTHPLACE OF BOURBON mark, as such use and registration will deceive the public as to
`
`the historic nature of bourbon, bourbon’s birthplace, and falsely believing the County of Woodford
`
`is bourbon’s origin. .
`
`
`
`WHEREFORE, Petitioner prays that the Registration be cancelled on the foregoing
`
`grounds
`
`Dated this 27th day of February, 2025.
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`Respectfully submitted,
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Peter H. Pogue/
`Peter H. Pogue
`President
`The Old Pogue Distillery, LLC
`716 West Second Street
`Maysville, KY 41056
`(317) 697-5039
`info@oldpogue.com
`
`
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