The dispute is over Old Elk’s Nooku bourbon cream. Both Louisville-based Rabbit Hole and the Nooku bottles feature a rabbit. . . and Rabbit Hole says Nooku is the Native American for snowshoe rabbit.
Rabbit Hole makes the usual allegations about confusing consumers, etc., and is seeking a permanent injunction against Old Elk marking its products with a leaping rabbit.
Rabbit Hole products include Rabbit Hole Straight Bourbon Whiskey, Rabbit Hole Straight Rye Whiskey and Rabbit Hole London Dry Whiskey. “…the Rabbit Hole marks have become strong and well-known among distilled spirits consumers and potential consumers,” the lawsuit says.
Old Elk, of course, denies the allegations. Nooku is marketed as the first true bourbon cream, a blend of the company’s high-malt bourbon recipe and fresh dairy cream.