After more than three years, Ole Smoky Distillery continues to fight for the use of “Mountain Dew” for moonshine products, but is now fighting for all moonshine producers to use the term.
Ole Smoky Distillery wanted to make a moonshine labeled with an original nickname for the spirit: Mountain Dew.
The owners acquired the rights of the “Mountain Dew” trademark for spirits from John McCulloch Distillery, the company that first used the name to sell spirits in the late 1800s.
However, when Ole Smoky filed for the trademark of, “Ole Smoky Mountain Dew Moonshine” in 2015, PepsiCo filed a Notice of Opposition objecting the use.
Ole Smoky filed another motion on March 11, which would allow any spirit producer to use the term “mountain dew.”
Robert Hall, Chief Operation Officer of Ole Smoky, said the term “mountain dew” for moonshine came about because most moonshine was made in the mountains.
Webster Dictionary defined ‘mountain dew’ as moonshine.
Hall said the two names can coexist.
“People know that ‘Mountain Dew’ is a soft drink. But many people also know that ‘mountain dew’ is moonshine,” Hall said.
The most recent disclaim motion gave the Trademark Trial and Appeal Board the sole power to allow or deny the expanded use of “mountain dew.”