McIlhenny Co. v. Louisiana Spirits (In re Stoli Group (USA), LLC)

Following a lengthy evidentiary hearing, the U.S. Bankruptcy Court for the Northern District of Texas granted our motion for a preliminary injunction against debtor Stoli Group (USA) and its affiliate, defendant Louisiana Spirits, LLC (collectively, “Defendants”), on behalf of McIlhenny Co., the longtime maker of TABASCO® brand pepper sauce, on grounds of trade dress infringement and dilution. In finding that Defendants’ product packaging violated McIlhenny’s rights, the Court found that the packaging of TABASCO® brand pepper sauce constituted a famous trade dress, and that Defendants’ conduct in adopting their violative packaging was willful.