Maker's Mark Distillery, Inc. v. Diageo North America, Inc.
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
BOYCE F. MARTIN, JR., Circuit Judge.
Justice Hugo Black once wrote, “I was brought up to believe that Scotch whisky would need a tax preference to survive in competition with Kentucky bourbon.” Dep’t of Revenue v. James B. Beam Distilling Co., 377 U.S. 341, 348-49, 84 S.Ct. 1247, 12 L.Ed.2d 362 (1964) (Black, J., dissenting). While there may be some truth to Justice Black’s statement that paints Kentucky bourbon as such an economic force that its competitors need government protection or preference to compete with it, it does not mean a Kentucky bourbon distiller may not also avail…
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