New York, June 16, 2011 – Kenyon & Kenyon LLP announced today that the Appellate Division, First Department affirmed a January 31, 2011 decision of the Supreme Court of the State of New York granting summary judgment in favor of its client, Jim Beam Brands, in Jim Beam Brands Co. v. Tequila Cuervo La Rojena S.A. de C.V. Jim Beam claimed Tequila Cuervo (maker of Jose Cuervo tequila) breached a settlement agreement concerning Jim Beam's OLD CROW brand and crow design. The Honorable Richard B. Lowe III of the Supreme Court of the State of New York found liability and issued summary judgment in favor of Jim Beam Brands, based on Cuervo 's use of a disputed crow design on tequila products, its web sites and in other advertising materials. Tequila Cuervo appealed the decision to the Appellate Division, First Department, which upheld the lower court's decision with costs.
Lead counsel for Jim Beam Brands, Michelle Mancino Marsh, notes “We are delighted with the decision. This unanimous decision represents a victory for all brand owners who regularly use settlement agreements to resolve trademark disputes.“
Jim Beam Brands was represented in the case by Kenyon & Kenyon LLP partners Michelle Mancino Marsh and Edward T. Colbert, as well as associates Michelle Morris and Aaron Johnson.
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