LOUISVILLE, Ky. (WHAS11) – A Kentucky staple served during derby time has two companies at odds.
Kern’s Kitchen, the maker of Derby Pie, is suing Claudia Sanders Dinner House in Shelbyville for calling their chocolate nut pie “Derby Pie.”
The lawsuit says servers at Claudia Sanders were using the trademarked “Derby Pie” name improperly.
Kern’s Kitchen attorney Donald Cox says they asked the restaurant to stop using the term, but management refused.
John Rupp of Kern’s Kitchen released a statement saying in part:
“We take our name and our brand very seriously. We can’t allow our name to get out of our hands. My great-grandparents fought for this name so we take this extremely seriously.”
Claudia Sanders Dinner House has yet to respond to the lawsuit.