Derby Pie Maker and Restaurant End Trademark Dispute over Famous Dessert

Oct 2, 2013

You can call it delicious, but you can't necessarily call it "Derby Pie."

A chocolate-nut pie by any other name may be just as sweet, but it won't be a Derby Pie.

Kern's Kitchen, the Louisville-based company that makes the famous dessert, and Claudia Sanders Dinner House settled a dispute over the trademark on the name Derby Pie. Under the agreement approved by U.S. District Judge Gregory Van Tatenhove, Claudia Sanders Dinner House in Shelbyville and its employees are permanently barred from using the Derby Pie name to promote the chocolate pie made with pecans and chocolate chips.

Kern's Kitchen holds a trademark in the name of the sweet treat, which was created in 1950 at the Melrose Inn in Prospect.

Kern's Kitchen sued Claudia Sanders Dinner House in June, alleging the company violated its trademark by using the name.