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SDNY COURTHOUSE, May 23 — A lawsuit for a rare brand of whiskey bottle is underway in U.S. District Court for the Southern District of New York, with Judge Louis L. Stanton and Inner City Press covering it.

Diageo North America, Inc. beyond Smirnoff, Guinness and Johnnie Walker has Bulleit branded whiskey as one of its flagship products.

It’s the name of Augustus Bulleit who sold tavern-bred rye whiskey from 1830 to 1860, described in the complaint during the “Old West” era.

On the witness stand on May 16 was the designer of the bottle and label, cross-examined by attorneys for defendants Deutsch and Bardstown Barrel Selections, LLC.

The interrogation line should show the civil jury that the designer had essentially copied the design from a bottle in a museum.

But the design said he changed the design. He went to the museum, he said, to learn about the history of American whiskey.

There was a dispute over what constitutes an oblong bottle versus a flask-shaped bottle.

The courtroom was surprisingly full.

On the stand on May 17 was a Deutsche witness, responding to emails regarding the placement in Minnesota and New Jersey liquor stores (Williamstown, NJ’s Super Buy Rite) of Redemption next to Bulleit . The witness said he was unaware of the customer confusion, but he understands that Diegeo is alleging it.

On May 18, there was cross-examination on Bulleit, St. Peter’s, Gilbey’s “business attire” and a photo of Fireball was presented to the jury. There was an assortment of bottles in the witness box, like in a bar.

On May 19, Deutsch’s Ms Kilgore described the Redemption bottle as “manly” as they found people wanted this whiskey, a broad-shouldered bottle. Also, a visible cap to show it’s premium. She rejected Bulleit.

On May 20, it was expert against expert. A slide entitled “Problems with Mr. Reilly’s calculations” was shown to the jury. The witness said: Inventory is an asset. One of the jurors in the front row nodded. Deageo wants $21 million.

On May 23, the witness on the stand burst out laughing as he handed her a large document that she had previously signed. She said she knew they had an intellectual property deal on the Redemption bottle, but she couldn’t remember the patent application. The questioning entered the embossing.

On May 24, at the booth was a market research expert, Matthew G. Ezell, who conducted a “persistent” study on Bulleit’s trade dress and possible customer confusion. In the meantime, the parties have agreed to remove certain exhibits.

On May 25, at the stand was a witness testifying to a summary chart created from Redemption sales figures, before and after the new label/bottle. Things happen at the end of the game.

The case is Diageo North America, Inc. v. WJ Deutsch & Sons, Ltd., et al., 17-cv-4259 (Stanton)

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