Derby Pie is renowned for its delicious combination of chocolate and walnuts, but what truly sets it apart is the secretive nature of its recipe. Created in 1954 by George Kern and his family, the pie's recipe has been closely guarded, known only to a select few. This secrecy, coupled with legal battles to protect its trademark, has made Derby Pie a fascinating subject in the world of culinary desserts.
The Secret Recipe
The recipe for Derby Pie is a well-kept secret,
known only to a small group of Kern family members and a single employee at Kern's Kitchen. This exclusivity adds to the pie's allure, making it a coveted dessert among those who appreciate its unique flavors. The pie is an open-faced custard pie, featuring a pre-baked pie shell filled with chocolate and walnuts, but the exact proportions and additional ingredients remain undisclosed.
The secrecy surrounding the recipe has contributed to the pie's mystique, drawing in curious dessert enthusiasts eager to taste the authentic version. This guarded approach ensures that the pie maintains its original flavor and quality, distinguishing it from other similar desserts.
Trademark Protection
The name "Derby Pie" is a registered trademark of Kern's Kitchen, first registered in 1968. The company has been diligent in protecting this trademark, filing over 25 lawsuits to defend it against unauthorized use. These legal efforts have targeted other pie makers who have attempted to use similar names, such as "Pegasus Pie" and "May Day Pie," which reference events related to the Kentucky Derby.
Alan Rupp, a grandson of the original creators, has been instrumental in defending the trademark since taking over the business in 1973. His dedication to maintaining the pie's identity has involved litigation against cookbooks and publications that have used the name without permission. This commitment to trademark protection ensures that Derby Pie remains a unique offering, preserving its legacy.
Legal Challenges
The legal battles over the Derby Pie trademark have been notable, with several high-profile cases. In 1982, a federal judge ruled against a local cookbook, requiring the removal of a page containing a Derby Pie recipe. However, in 1987, Bon Appetit magazine temporarily won a case by arguing that the name was generic. This decision was later overturned, reinforcing the trademark's validity.
More recently, in 2021, a federal appeals court ruled in favor of the Louisville Courier-Journal, which had used the term "Derby Pie" descriptively rather than as a trademark. This case highlighted the ongoing challenges in balancing trademark protection with public usage.
In summary, Derby Pie's secret recipe and the legal battles to protect its trademark are integral to its story. These elements contribute to the pie's mystique and ensure its place as a cherished dessert in Kentucky's culinary landscape.
