LOUISVILLE, Ky. – A chocolate-nut pie by any other name may be just as sweet, but it won't be a Derby Pie.
Kern's Kitchen, the Louisville-based company that makes the famous dessert, and Claudia Sanders Dinner House settled a dispute over the name Derby Pie. Under the agreement approved by U.S. District Judge Gregory Van Tatenhove, Claudia Sanders Dinner House and its employees are barred from using the Derby Pie name to promote the chocolate pie made with pecans and chocolate chips. The restaurant is located in Shelbyville, about 30 miles east of Louisville, where the Kentucky Derby is held each year.
The sweet treat was created in 1950 and is sometimes sold at the horse race.
Kern's Kitchen sued Claudia Sanders Dinner House in June, alleging the company violated its trademark.