U.S. District Judge Joe Hood on Tuesday recused himself from presiding over the University of Kentucky-Kentucky Mist Moonshine case.
This case will be reassigned by random draw to another judge assigned to accept cases on the Lexington docket.
Jim Francis, Kentucky Mist's attorney, had on Monday filed the motion for recusal, citing Hood's status as a graduate of UK and its college of law. In addition, Francis said in his motion, Hood is a university donor designated as a UK Fellow and a member of the UK Alumni Association.
UK and Kentucky Mist are embroiled in a dispute over Kentucky Mist's attempt to register in a trademark category that includes such items as T-shirts and sweatshirts. UK contends that having other companies using the 'Kentucky' designation would dilute the impact of UK's brand, which it says generates revenue for the institution.
UK registered in 1997 with the U.S. Patent and Trademark offices for the word 'Kentucky' for clothing, educational services and collegiate athletic services.