More than 200 workers at Jim Beam distilleries in Kentucky are striking, protesting long work hours and what they say are unfair scheduling policies. This strike comes after the workers’ union rejected two deals from the company over the last couple weeks.

Jim Beam’s popularity has been growing in recent years, part of an overall boom in the sales of American distilled spirits.  Not only have the sales of distilled spirits increased in the U.S., but they’ve increased internationally as well. Fortune’s Jonathan Chew pointed out earlier this year:

Exports to overseas markets such as the U.K., Canada, and Germany have more than doubled in the past decade, from $743 million in 2005 to a projected $1.56 billion last year.

Bourbon specifically, which is almost exclusively produced in Kentucky, has seen a big uptick in sales. Production of bourbon hit a 50-year high last year, and as the world’s largest bourbon producer, Jim Beam was responsible for a large part of that.

But this increase in production added extra burden for the workers. The Jim Beam workers who are now striking claim that they had 60-80 hour work weeks. They also claim that the company has hired a lot of temporary workers and doesn’t pay attention to seniority or dedication when assigning shifts. The company has made an offer to the union that includes pay increases, and attempted to deal with the overtime and temporary worker issues, but it was rejected. Now the workers are striking until a new deal is made.

Jim Beam workers (@UFCW Local111D) are on strike in Kentucky. It’s not straight whiskey if workers are disrespected. pic.twitter.com/pSz61xcmzm

— John Nichols (@NicholsUprising) October 15, 2016

Jannelle Mudd, president of the United Food & Commercial Workers Local 111D, said:

All through negotiations, we tried to make the point that what we were trying to change is the atmosphere. It was about the people, not so much about anything else. It kind of fell on deaf ears.

It’s unclear if the strike will affect availability of Jim Beam–the company said it doesn’t expect any shortages, but the workers say that there will be efficiency issues without them there. And who knows when this will get resolved, because it seems to have gotten more personal than just about pay. Mudd said:

Most importantly, we are seeking a better work/life balance and a return to the family values and heritage upon which the Jim Beam brand is based. All of us work hard and have earned and deserve a better life.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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A California federal court dismissed a trademark lawsuit last week that John Wayne Enterprises brought against Duke University. The case was dismissed based on lack of jurisdiction and improper venue.

Actor John Wayne, born Marion Robert Morrison, had several nicknames that contained the word “Duke,” such as Duke Morrison, Duke Wayne, and The Duke. John Wayne Enterprises was created to “preserve and protect the name, image, and likeness of John Wayne by associating the John Wayne brand with quality and timeless products and experiences that embody the spirit of John Wayne and give back to the community.” In July 2013, the organization filed a trademark application with the Patent and Trademark Office to use the trademarks “Duke” and “Duke John Wayne” on all alcoholic beverages except beer. Last July, the organization sued Duke University for infringing its Duke trademark on alcoholic bottles.

John Wayne Enterprises argued that Duke University does not own the word “Duke” for use for all purposes’ however, the university argued that John Wayne Enterprises’ use of “Duke” on alcohol beverages caused consumer confusion, which trademark law is designed to prevent. According to the Los Angeles Times, John Wayne Enterprises’ “Duke” trademark is “a label on a bottle of bourbon stamped with a silhouette of the movie star in a cowboy hat, clutching a gun. The name ‘DUKE’ is stamped over his thighs, and John Wayne’s signature is reproduced near his feet.”  The John Wayne Enterprises logo can be seen here.

John Wayne Enterprises tried to gain personal jurisdiction over Duke University in a California federal court because “the school actively recruits students there, raises money there, maintains alumni associations there and sells university-related products there.” However, U.S. District Judge David Carter dismissed the Wayne estate’s lawsuit for lack of jurisdiction and said the case belonged in front of the Patent and Trademark Office Trademark Appeal Board in Alexandria, Virginia.

The court believed that “Duke was aware of John Wayne Enterprises’s presence in the state, but that there was no showing how Duke [University] purposefully directed its conduct at California by filing an opposition to trademarks in Virginia [the location of the Patent and Trademark Office.]”

John Wayne Enterprises and Duke University have battled over the use of the “Duke” trademark before. A July article in the Hollywood Reporter cites conflicts over using the name “Duke” in restaurant services, gaming machines, and celebrity licensing services. Thus, Judge Carter’s dismissal is likely not the end of this case. John Wayne Enterprises can always bring a suit against Duke University on the East Coast.

It’s rare to see John Wayne on the losing-end of a battle, but I am sure that John Wayne Enterprises is already preparing its next move to prevail in the end.

Joseph Perry

Joseph Perry is a graduate of St. John’s University School of Law whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries. Contact Joe at staff@LawStreetMedia.com.

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