Dessert wars -- an iconic pie is victorious in trademark settlement agreement

Not a Derby Pie, but a slice of pumpkin pie.

It's the end of a delicious trademark dispute involving an iconic dessert and a fried chicken legend.

Derby Pie is rich, chocolaty and nutty. It's also a registered trademark of Kentucky baker Kern's Kitchen. It recently settled a legal fight with an old restaurant started by Colonel Sanders himself, the Claudia Sanders Dinner House. The dinner house will now stop using the name Derby Pie for its own treat.

Kern's aggressively protects its Derby Pie trademark, going to court when needed.

That's why many online recipes are called "Kentucky Horse Race Pie," which really sounds disgusting.

About the author

Mark Garrison is a reporter and substitute host for Marketplace, based in New York.


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