Dan D'Ambrosio

Free Press Staff Writer

CORRECTIONS AND CLARIFICATIONS: Chatham Imports sent a cease-and-desist letter to WhistlePig over the use of the word "crop." The action taken by Chatham Imports was mischaracterized in the original version of this story.

A New York vodka maker has demanded WhistlePig, LLC — the Shoreham distiller of rye whiskey — stop using the word "crop" on the label for its new FarmStock farm-to-bottle whiskey.

Chatham Imports Inc. claims WhistlePig's use of the term "crop" infringes on the vodka maker's trademark and issued a cease and desist letter demanding WhistlePig stop using the word, implying legal action will follow if WhistlePig doesn't comply.

In a March 21 letter, Chatham's attorney writes that his client's Crop Harvest Earth Organic vodka is "widely distributed and well-known throughout the United States," since at least as early as May 2008.

In a response on March 31, WhistlePig sued Chatham, saying the labels on its WhistlePig FarmStock whiskey and Crop Harvest Earth Organic vodka are "entirely different in appearance and overall commercial impression."

WhistlePig recently launched its first rye whiskey partially distilled, aged and bottled in Shoreham, using rye grown on the farm where the company was founded. The label for the FarmStock whiskey includes a designation of "Crop No. 001," referring to the rye crop used to make the whiskey — and forming the basis for Chatham's cease-and-desist letter.

WhistlePig points out that Chatham uses the word "Crop Harvest Earth" as its "top-level" trademark, while WhistlePig uses the word "crop" in a descriptive manner to designate the crop of rye used for a particular release of FarmStock whiskey and "not in a trademark sense." On the vodka bottle "Crop" is the largest and most prominent word on the label, while on the whiskey bottle, "Crop" is in small type at the bottom of the label.

WhistlePig fires up distillery, battles restrictions

In its complaint, WhistlePig asks for a preliminary injunction against Chatham Imports, preventing the company from charging WhistlePig with trademark infringement, unfair competition or false designation of origin. WhistlePig also asks for reimbursement of its costs in the lawsuit and attorney fees.

In a news release announcing FarmStock on March 14, WhistlePig said the whiskey is "Crop One" of what will be future "triple-terroir" releases, referring to the grain, wood for the aging barrels and water all coming from the farm.

WhistlePig explains that FarmStock is composed of 20 percent 1.5- to 2-year-old whiskey made entirely on the Vermont farm; together with 49 percent 5-year-aged whiskey from Alberta Distillers finished in WhistlePig's Vermont oak; and 31 percent 12-year aged whiskey from MGP's distillery in Lawrenceburg, Indiana. MGP, based in Atchison, Kansas, is a supplier of distilled spirits to other distilleries.

Raj Peter Bhakta founded WhistlePig in 2010 by buying more than 5,000 gallons of premium Canadian 10-year-old rye whiskey and bottling the beverage in Vermont. His goal was always to produce WhistlePig entirely on his farm in Shoreham, and FarmStock marks a step in that direction.

Bhakta has been the flamboyant face of the company, and garnered a significant amount of press for WhistlePig as well as high ratings from Wine Enthusiast magazine and others. In May 2016, Bhakta was dismissed from WhistlePig's board of directors by two fellow directors who accused him of fraud and criminal activity.

WhistlePig founder thrown out of his own company

Bhakta responded with his own lawsuit seeking to overturn his dismissal from the board.

In November, WhistlePig posted a letter on its website addressed to employees and investors, announcing a settlement to end the litigation. Under the terms of the settlement, Bhakta remained as WhistlePig's "Chief Steward of the Brand" as well as founder, and a board member.

The settlement put a new CEO in place, Roland van Bommel, and added a new board member, Peter Rhea. Both Rhea and van Bommel were investors in WhistlePig. The two board members who originally dismissed Bhakta, Christopher Evison and Wilco Faessen, also remained on the board.

Another stipulation of the settlement called for transfer of ownership of the farm in Shoreham from Bhakta to the company "on terms we have agreed upon." The terms were not disclosed.

Contact Dan D’Ambrosio at 660-1841 or ddambrosio@freepressmedia.com.