Trademark Review: Small Michigan Distillery Defeats Kate Upton–Backed Rival in Trademark Dispute

Rather than backing down, the small distillery took decisive legal action, asserting its rights under U.S. trademark law. Despite the opponent’s celebrity name recognition, financial backing, and market ambitions, the challengers ultimately folded, agreeing to cease the use of the contested trademark and rebrand.

This outcome highlights something many business owners overlook:
👉 when you own a registered trademark, even a small company can stop a much larger competitor in its tracks.

What Happened in the Michigan Distillery Case

Based on the case details:

• A small Michigan distillery with an established, distinctive brand identified a potential conflict when a Kate Upton–supported company launched a competing alcohol product.
• The names were similar enough to present a strong likelihood of confusion in the marketplace.
• The Michigan brand, unwilling to risk dilution or loss of identity, exercised its trademark rights and pursued enforcement.
• After legal pressure, the celebrity-backed rival agreed to voluntarily discontinue its brand name, effectively conceding the dispute.

This is a textbook example of the power of owning your trademark before larger players enter your space.

Why This Case Matters: Trademark Law as the Great Equalizer

Trademark disputes often seem stacked in favor of bigger, wealthier companies — but this case proves the opposite.

Here are the key takeaways:

1. Trademark ownership outweighs celebrity influence

Brand rights don’t depend on fame, marketing budgets, or media presence — they depend on legal priority.

2. Early registration protects future growth

The Michigan distillery ensured it had enforceable rights long before the conflict arose.

3. Enforcement works — even against well-funded competitors

A properly registered mark can stop a significantly larger business from entering the market or force it to rebrand.

4. Brand identity is a critical asset

For small craft distilleries, brand reputation and local loyalty are vital. Protecting them is not optional — it’s strategic.

Trademark Lessons for Small Businesses

This case highlights several essential principles:

• Register early. If you wait, someone else may claim a similar name and box you out.
• Monitor new market entrants. Proactive action prevents long-term damage.
• Don’t be intimidated by “big names.” Trademark law is on the side of whoever owns the earlier rights.
• Defend your brand consistently. Enforcement is part of maintaining strong rights.
  
  With federal registration in hand, even small businesses gain real leverage, no matter how famous or wealthy the opposing party might be.

Expert Commentary

And this case is a perfect demonstration of something most people get completely backwards: trademark law actually protects small businesses even more than big ones.

Of course big companies need trademarks too. But they also have endless money to burn—on lawyers, on advertising, on PR, on whatever it takes to drown out competition. Small businesses don’t have that luxury.

For a small business, the trademark is the great equalizer. If you’re smart and you do things at the right time, that little ® gives you something you would never have otherwise: a real shot at winning against bigger competitors who think their money automatically entitles them to everything.

And yet we constantly hear the opposite—“You need to be huge to get a trademark.”

This case proves the exact opposite.

If you actually care about your brand, the smaller you are, the more crucial a trademark becomes. It’s the one piece of ammunition that allows you to stand your ground.

Look at what happened here. The other brand was backed by Kate Upton and serious investors—the definition of a money-backed operation. And even they realized they couldn’t win because of a prior registered trademark. So they folded and rebranded.

Meanwhile, the owner of “Highline”—a brand that most people have probably never heard of—held the stronger position simply because they owned the registration. And that made all the difference.

This is exactly why we always tell business owners: If you expect your brand to still exist in two or three years, don’t wait until you’re big. Protect it now, while you still can.

Because without a trademark, you’ve got nothing. With one, you’ve got a fighting chance—even against giants.

— Andrei Mincov, Founder & CEO of Trademark Factory^®

Talk to our strategy advisor