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Landry’s, Inc., was founded in Katy in 1980 and is currently owned by Houston billionaire Tilman Fertitta, who also owns the NBA’s Houston Rockets and is being considered as a possible pick for U.S. ambassador to Italy.
Austin-based Landry Distillery will be able to keep its name after a Harris County jury found the company was not infringing on the trademark of Landry’s, Inc., the Houston-based hospitality company owned by billionaire Tilman Fertitta.
The jury ruled Monday that the distillery’s use of Landry in its business name did not cause a likelihood of confusion with Landry’s, Inc. trademarks, according to court documents.
The lawsuit was filed in March 2023 by Landry’s, Inc. The company claimed the distillery had knowingly used the name “Landry” to profit from the recognition of the hospitality company, which owns restaurants, casinos and entertainment venues such as the Downtown Aquarium and Kemah Boardwalk.
“Zach Landry, realizing the fortuitous circumstances of having the same last name as the well-known, nationally recognized, Landry’s family of companies decided to capitalize on it,” Landry’s, Inc. argued in its lawsuit. “The lack of a possessive form in the Landry Distillery label does not separate the overall commercial impression of the labeling from [Landry’s, Inc].”
In response, the distillery argued that precedent protected the use of a family surname and that its branding was distinctly different than that of Landry’s, Inc.
“Landry [Distillery] has adopted branding based on horse-racing imagery in a muted sepia tone,” the distillery argued in an October 2024 motion. “Plaintiffs’ [Landry’s, Inc.] branding is colorful and glitzy. … Landry has done nothing to reproduce, copy or imitate Plaintiffs’ marks. He does not use the possessive form of his name.”
Landry Distillery was founded by Lowell Zachary Landry in 2021. According to court documents, he was named after his grandfather who had a passion for quarter-horse racing.
Hospitality company Landry’s, Inc. was founded in Katy in 1980 and is currently owned by Fertitta, who serves as the chairman, president and CEO of the company. Landry’s, Inc. owns several dozen restaurants, gaming and hospitality brands, including Bubba Gump Shrimp Co., Joe’s Crab Shack and King Ranch Texas Kitchen.
Fertitta also owns the NBA’s Houston Rockets and was recently announced as President-elect Donald Trump’s possible pick for ambassador to Italy.
In a statement to Houston Public Media, Landry’s, Inc. said it would be exploring the possibility of appealing.
“Naturally, we are disappointed in the jury’s decision,” said Steve Scheinthal, general counsel for Landry’s, Inc. “As in any case where evidence is excluded from the jury, we believe the outcome would likely have been different had the jury been allowed to consider the excluded evidence. Moreover, the judge instructed the jury by relying upon an outdated 86-year-old Texas Supreme Court case that was decided before the current realities of internet and television. It was clear to both us and the United States Patent and Trademark Office that the defendants’ proposed use was confusingly similar to our federally registered name. Currently, we are evaluating our rights on appeal”
Landry Distillery did not immediately respond to a request for comment.
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