Kenyon won dismissal of a declaratory judgment action filed by Tequila Cuervo La Rojena, makers of Jose Cuervo tequila, in the Southern District of New York. The Plaintiffs filed the action against our client, Jim Beam Brands Co., seeking declaration that certain uses of an image of a crow in the trade dress and marketing for its brands of tequila do not violate Jim Beam's federal trademark rights. Jim Beam stipulated to release Tequila Cuervo from any claims for trademark infringement other than a breach-of-contract claim pending in Supreme Court of the State of New York, which Kenyon argued mooted the declaratory action. Jim Beam recently won summary judgment on liability in the state action for breach of contract, with the damages phase set to be tried later in the year. The Court dismissed Tequila Cuervo's action for lack of subject matter jurisdiction. Case number 10-civ-0203 (2011).