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[UPDATE] This Kentucky moonshiner is fighting the University of Kentucky over right to the word 'Kentucky'

The owner of Kentucky Mist Moonshine is suing the University of Kentucky over who owns the rights to the word 'Kentucky.' The school trademarked the term for clothing in 1997.
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Colin Fultz opened Kentucky Mist Moonshine in September 2015. (Sarah Morcher Caudill, courtesy of Colin Fultz)
As It Happens5:27Kentucky moonshiner fighting University over right to use 'Kentucky'

[Updated June 24, 2016]  A U.S. District court judge has ruled that the case against the University of Kentucky cannot proceed because the university has "sovereign immunity" as part of the state government of Kentucky.

A statement from the university reads in part:

"We are pleased that the Court dismissed the lawsuit in a strongly worded opinion which recognizes the University's sovereign immunity and its interest in protecting its trademark interests. We are also pleased the Court recognized the University tried in good faith to reach an agreement that would allow Kentucky Mist to sell its merchandise while fully respecting the University's trademarks."

The owner of Kentucky Mist Moonshine, Colin Fultz, says the fight is not over and intends to proceed with his case in a different legal arena.

Colin Fultz was following in family tradition when he opened his distillery. His grandfather had been in the business of making hooch too, albeit illegally. As Fultz tells As It Happens guest host Laura Lynch, "He was in prison for about 18 years, on and off, for bootlegging. That got me interested in making moonshine." 

Colin Fultz's grandfather was a bootlegger who did time in prison for selling moonshine illegally. Now his picture hangs on the wall at the Kentucky Mist Moonshine distillery. (Courtesy of Colin Fultz)

Fultz named his business Kentucky Mist Moonshine and attempted to trademark that name. That's when he got the cease-and-desist letter from the University of Kentucky. "I thought it was a joke, at first," says Fultz. 

How can they own the name Kentucky? I've lived here my whole life, I should be able to use it just as much as they should.- Colin Fultz, owner of Kentucky Mist Moonshine

It was no joke. The University of Kentucky registered the word "Kentucky" with the United States Patent and Trademark Office for clothing in 1997. While they seem to fine with him using the name on moonshine, the letter sought to block Fultz from using "Kentucky" on any apparel.

"They seem to think we're diluting their brand, I believe that's what they called it." 

One of the Kentucky Mist Moonshine t-shirts available for purchase. (Courtesy of Colin Fultz)

Fultz is not taking the order lying down.

"I thought it was just silly. How can they own the name Kentucky? I've lived here all my life, I should be able to use it just as much as they should," he says. 

Fultz has filed a suit in a federal court over the name and is waiting to find out whether the judge will hear the case. In the meantime, Fultz is still selling shirts and hats that have his business's name on them.

The Kentucky Mist Moonshine distillery is a tourist attraction in Whitesburg, KY. (Facebook)

As for what his bootlegger grandfather would think? "He'd think it was a big joke. He'd be proud of the distillery, though, that's for sure." 

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