Kern’s Kitchen Derby Pie

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Lawsuit Against Louisville Kentucky Newspaper

DERBY-PIE owner Alan Rupp sent a letter to the Louisville Courier-Journal contending that an article published in 2017 and featuring a âDerby pieâ recipe âconstituted a knowing infringement on its trademark.â A few weeks later the newspaper published an article on a local baker who makes macaroons with the flavor âDerby Pie,â thus prompting Mr. Rupp to file his suit in a federal court in Kentucky.

The lower court dismissed all claims, writing in part that Mr. Rupp did ânot plausibly establish that there is a risk of consumer confusionâ between the trademarked DERBY-PIE and the home-made pie.

On January 11, 2021, a federal appeals court agreed, writing that âthe Courier-Journal has used the phrase âDerby pieâ in a âwholly descriptive manner,ââ and that âwe can assuredly say that the Courier-Journal did not use âDerby pieâ in a trademark way.â

Mr. Ruppâs lawsuit also lacked a key ingredient: similarity, the court wrote, adding that it was the manâs âown evidenceâ that revealed that âno reader could possibly think that a so-called âDerby pieâ containing bourbon and no vanilla came from the company or companies associated with DERBY-PIE.â

Delivery Is Not Available To Apo & Fpo Addresses But Overseas Customers May Be Able To Pick Up This Item From Eligible Stores

Kern’s Kitchen Derby Pie Chocolate Nut Pie, 2 Pies, 20 oz. each

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Kentucky Derby Pie + Bourbon Barrel Cake Combo

Kerns Kitchen ships its famous Kentucky Derby Pie and Bourbon Barrel Cake nationwide on Goldbelly! If were placing betswere betting these will be your new obsession! This combo package includes 1 delicious Kentucky Woods Bourbon Barrel Cakea brown sugar cake blended with chocolate and bourbon, topped with walnuts and a chocolate and maple caramel drizzle, and 1 Kerns Kitchen Kentucky Derby Piea mix of chocolate chips and walnut tart in a crumbly yummy pie shell. Anyone of any age can eat a slice of Kentucky Woods Barrel Cake. Even though each Bourbon Barrel Cake is made with bourbon, it cooks out during the baking leaving less than .5% alcohol as a result. The bourbon cake retains its rich bourbon taste through a unique recipe that preserves the essence of the bourbon flavor without any alcohol.

More than half a century after the first Derby Pie was pulled out of the oven, Kerns Kitchen sells more than 100,000 Derby Pies a year. Leaudra and Walter Kern, along with their son, George, created the Derby Pie in 1954 . This gooey pie features rich chocolate and walnut chunks and a perfectly flaky crust. Most importantly, the Louisville, Kentucky, bakery is the only one in the country baking them. Each pie is still baked one at a time.

Kentucky Derby Pie + Mint Julep Mix

Kern

Kerns Kitchen ships its famous Kentucky Derby Pie nationwide on Goldbelly! These original Derby Pies were created over 40 years ago at the Melrose Inn in Prospect, Kentucky. Since then, the Kentucky Derby Pie has become the quintessential Kentucky dessert. Still made with the same secret recipe it was made with years ago, this decadent Derby pie features a mix of chocolate chips and walnut tart, in a crumbly yummy pie shell. The Kerns family patented this pie and are the only ones who make it!! Enjoy your Derby Pie with some of Evan Williams Mint Julep Mix for the full derby experience.

More than half a century after the first Derby Pie was pulled out of the oven, Kerns Kitchen sells more than 100,000 Derby Pies a year. Leaudra and Walter Kern, along with their son, George, created the Derby Pie in 1954 . This gooey pie features rich chocolate and walnut chunks and a perfectly flaky crust. Most importantly, the Louisville, Kentucky, bakery is the only one in the country baking them. Each pie is still baked one at a time.

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What’s Inside A ‘derby Pie’ Maybe A Lawsuit Waiting To Happen

    A slice of “Derby-Pie” from Kern’s Kitchen. The Kern family is said to have created the pie in 1950 as the signature item for a restaurant it used to operate. What people commonly call “derby pie” is like an embellished pecan pie: sticky, sweet filling made with bourbon and chocolate chips. Ironically, Kern’s recipe is made without bourbon, and it uses walnuts instead of pecans. Courtesy of Kern’s Kitchen Inc.hide caption

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    A slice of “Derby-Pie” from Kern’s Kitchen. The Kern family is said to have created the pie in 1950 as the signature item for a restaurant it used to operate. What people commonly call “derby pie” is like an embellished pecan pie: sticky, sweet filling made with bourbon and chocolate chips. Ironically, Kern’s recipe is made without bourbon, and it uses walnuts instead of pecans.

    Ask anyone in Louisville, Ky., what to eat and drink during the Kentucky Derby, and chances are good he’ll tell you two things: mint juleps and “derby pie.”

    But while bartenders around the country make mint juleps without controversy, things are a little more complicated for “derby pie.” The creators of the pie are real sticklers about what can be called a “derby pie” and what can’t. And they’re not afraid to sue over it.

    “We were threatened,” says Fouts. “And we never, never mentioned ‘derby pie’ again.”

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    “I don’t make a pie that I call ‘derby pie,’ ” he says. “I make a Kentucky Bourbon Pie.”

    What Happens If Kern’s Kitchen Derby

    • Find Best Match: By default, your shopper will use their best judgement to pick a replacement for your item.
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    • Don’t Replace: For items you’d rather not replace, choose “Don’t replace” to get a refund if the item is out of stock.

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    Kern’s Derby Pie Teams Up With Bernoulli To Offer A Signature Ice Cream

      LOUISVILLE, Ky. — Derby Pie bourbon ice cream is being introduced in Louisville during Kentucky Derby week.

      In a release, Kern’s Kitchen announced that it is teaming up with Louisville’s Bernoulli Small Batch Ice Cream to create a signature flavor to be sold in local stores.

      The ice cream is a gourmet vanilla base, made with Kentucky Proud ingredients, that is mixed with the traditional Derby Pie made with premium chocolate and walnuts. It’s finished-off with a splash of Kentucky bourbon.

      Bernoulli’s Derby Pie bourbon ice cream hits store shelves Wednesday, Sept. 2. It will be available at Valumarket MidCity Mall Valumarket Outer Loop Crossroads IGA at Beckley Station, Billtown Road and Prospect and at the Prospect Party Center.

      The ice cream is also available curbside at Bernoulli’s, whichi is located at 408 Production Court. You may also place orders through their website BernoullisIceCream.com or by calling 502-771-1672.

      Some Of The Fine Establishments That Serve Derby

      Derby-Pie from Kern’s Kitchen Filled with History and Mystery

      Our passion is to share the Kern’s heritage desserts from our kitchen to yours, one pie at a time.

      • My company recently ordered numerous Derby Pies for a fun function we were having at the office and it gave me my first opportunity to taste an incredible dessert. I am not a big dessert lover, but I couldn’t get enough of this pie. AMAZING is all I can say. It’s the best. I only wish the last piece wasn’t gone yet, but unfortunately it is! With great thanks for a great pie.

        Susan H.

      • Your family pie is the best!! Thanks for continuing to make em. You should definitely offer worldwide shipping! –

        Ivette

      • We have had desserts all over the USA and Derby Pie is the BEST pie we have ever had!

        Judy from California

      • Friends of ours gave us a Kentucky gift basket. A couple of your Derby Pies were included. Wow! We enjoyed them like nothing weve tasted in a long, long time. Were looking forward to sharing them with our friends when they come visit.

        Phil & Andrea from Maryland

      • I have to say, I have never tasted this kind of pie & yesterday we had one here at workoh my goodnessI absolutely LOVE THAT PIE.

        Kimberly

      • Here at the Brown Hotel we are proud to serve a Louisvilles own iconic dessert, Derby-Pie® to compliment the Brown Hotels Legendary Hot Brown! Its a match made in heaven! Both served warm, both paired well with any Bourbon, Enjoy!

        Executive Chef James Adams Brown Hotel

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      Kentucky Derby Deluxe Gift Box

      Get a head start with this Kentucky Derby Deluxe Gift Box! Included is 1 Kerns Kitchen Derby Pie a mix of chocolate chips and walnut tart, in a crumbly yummy pie shell, 1 Box of Woodford Reserves decadent bourbon balls a Kentucky classic made with premium Woodford Reserve Bourbon and delicious dark chocolate, topped with a pecan, Makers Mark Coffee, Mini Makers Mark Gourmet Sauce, a dirty old horseshoe from churchill downs, a My Old Kentucky Home song sheet, 1 bottle of Woodford Reserve Mint Julep Syrup, and 2 Official Derby Glasses!

      More than half a century after the first Derby Pie was pulled out of the oven, Kerns Kitchen sells more than 100,000 Derby Pies a year. Leaudra and Walter Kern, along with their son, George, created the Derby Pie in 1954 . This gooey pie features rich chocolate and walnut chunks and a perfectly flaky crust. Most importantly, the Louisville, Kentucky, bakery is the only one in the country baking them. Each pie is still baked one at a time.

      What’s The Best Way To Serve Kern’s Derby

      Kern’s Derby-Pie Chocolate Nut Pie is fully baked and best sliced while frozen. Serve at room temperature or warm thoroughly for optimal flavor. Ideally pie will be warm, but not hot the chocolate pieces should just begin to melt. Top with whipped cream if desired. Grandma Leaudra Kern liked to spike her whipped cream with a little Kentrucky bourbon for some extra kick.

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