Kenyon Client: Jim Beam Brands Co.
New York Supreme Court
Kenyon was victorious in its representation of Jim Beam Brands in a breach of contract dispute against Tequila Cuervo (maker of Jose Cuervo tequila) in both the New York Civil Supreme Court and on appeal. Jim Beam claimed Tequila Cuervo 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. In August 2011, Kenyon was also able to obtain a permanent injunction against Tequila Cuervo requiring their specific performance of the terms of the contract and strict compliance with it. New York Civil Supreme, number 600122 (2011)