In a notable legal case, Houston’s Landry’s, Inc., owned by billionaire Tilman Fertitta, experienced a setback when a Harris County jury ruled against it in a trademark dispute with Austin’s Landry Distillery. Established in 1980, Landry’s, Inc. is a prominent hospitality company, known for its extensive portfolio of restaurants and entertainment venues, including the likes of Bubba Gump Shrimp Co., Joe’s Crab Shack, and the iconic Kemah Boardwalk. Tilman Fertitta, who holds ownership of the NBA’s Houston Rockets, is also a potential candidate for the U.S. ambassadorship to Italy under President-elect Donald Trump.
The legal proceedings, initiated in March 2023 by Landry’s, Inc., revolved around the distillery’s usage of the name “Landry.” The corporation argued that Landry Distillery, founded by Lowell Zachary Landry in 2021, intended to benefit from the well-known Landry’s brand, potentially misleading consumers. They contended that the lack of possessive form in the distillery’s label did not prevent confusion with their trademark.
Landry Distillery, on the other hand, defended its right to use a family surname, asserting that its brand was distinctly different. They highlighted their unique branding centered around horse-racing imagery, contrasting with Landry’s, Inc.’s more vibrant and glitzy approach. The jury’s verdict found no likelihood of confusion between the two brands, allowing the distillery to retain its name.
Following the jury’s decision, Landry’s, Inc. expressed dissatisfaction, noting that certain evidence was excluded from deliberation. The company indicated plans to potentially appeal the decision, emphasizing discrepancies in how the jury was instructed, referencing an 86-year-old Texas Supreme Court case they deemed outdated in light of modern communication platforms like the internet and television.
