Brett Barrouquere

Flooding affects University of Louisville campus

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LOUISVILLE, Ky. (AP) — A strong thunderstorm caused flash flooding to swamp parts of the University of Louisville’s main campus while emergency workers rescued a Kentucky congressman’s mother from a creek swollen by heavy rain.

School officials say flood water on Tuesday morning seeped into a handful of campus buildings, including the Chemistry Building, which had water in its basement. The university canceled morning and afternoon classes but evening classes still were expected to be held as scheduled.

The mother of U.S. Rep. John Yarmuth was rescued from a creek after her vehicle was partly submerged in its swift current after a crash. Yarmuth, a Democrat who represents a Louisville-area district, said in a statement that she received minor injuries from the wreck and he thanked rescuers for exceptional efforts in helping her.

6 shot, 3 dead, in west Louisville neighborhood

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6 shot, 3 dead, in west Louisville neighborhoodA woman is overcome with grief at the scene where four people were shot on a street corner in a west Louisville neighborhood Thursday, May 17, 2012. Police say two of the four people have died after being shot near 32nd and Kentucky Streets, and more gunfire rang out while officers were investigating. (AP Photo/The Courier-Journal, Michael Clevenger) NO SALES; MAGS OUT; NO ARCHIVE; MANDATORY CREDIT(Credit: AP)

LOUISVILLE, Ky. (AP) — A chaotic shooting scene that had curious crowds running for cover in a crime-ridden area of Louisville left three people dead and three others hospitalized Thursday.

The scene unfolded about 1 p.m. EDT when two men were killed and two wounded in a shooting that attracted dozens of onlookers anxious for answers in the Russell neighborhood dotted with boarded-up houses. As police were investigating and a host of media gathered nearby, shots rang out about four houses down.

Two women had been arguing and one shot and killed the other, police said. The startled crowds ran for safety and officers with guns drawn headed down the street toward the shots.

After a few minutes, officers had fired at the shooter and sent her to the hospital, and paramedics worked on the woman she’s accused of killing, said Louisville Metro Police Chief Steve Conrad. They eventually stopped and pulled a white sheet over her body.

Emotions were running high during the second shooting, but there appears to be no connection between the slayings, Conrad said.

“We had people at the scene yelling,” said Conrad, who spent his day in the neighborhood west of downtown working with officers in that precinct before the shootings. “I don’t know if that played a role or not. This level of violent behavior is unacceptable.”

The shootings made the day the bloodiest in Louisville since at least July 5, 2011, when four people were killed, and Oct. 6, 2008, when a mother stabbed her two children, then killed herself on the same day two other homicides took place.

The officer, who was not immediately identified, will be placed on paid administrative leave during the investigation, the chief said.

Police had not released any names of the victims from either shooting or a motive for the first shooting.

Police spokesman Dwight Mitchell said that along with the two dead men in the first shooting, a third person who had been shot made his way about eight blocks from the scene and was then transported to University of Louisville Hospital.

Tekeya Anderson identified the female victim in the second shooting as her cousin, but her identity was not immediately confirmed by police.

“I guess she was in the wrong place at the wrong time and she got shot,” Anderson said. “She came down here and she got shot.”

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Associated Press reporter Brett Barrouquere is on Twitter: http://twitter.com/BBarrouquereAP

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Appeals court grants wax seal to Maker’s Mark

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Appeals court grants wax seal to Maker's MarkIn this Wednesday, April 8, 2009 photo, a bottle of Maker's Mark bourbon is dipped in red wax during a tour of the distillery in Loretto, Ky. On Wednesday, May 9, 2012, The 6th U.S. Circuit Court of Appeals court says a liquor bottle with a red dripping wax seal by any name other than Maker's Mark would be illegal. The decision comes in an appeal brought by London-based Diageo North America and Casa Cuervo of Mexico, which used a dripping red wax seal on special bottles of its Reserva tequila. (AP Photo/Ed Reinke)(Credit: AP)

LOUISVILLE, Ky. (AP) — A rose by any other name may smell as sweet, but an appeals court says a liquor bottle with a red dripping wax seal by any name other than Maker’s Mark would be illegal.

Noting that “all bourbon is whiskey, but not all whiskey is bourbon,” an opinion released Wednesday by the 6th U.S. Circuit Court of Appeals says that only the Kentucky-made bourbon can carry the distinctive bottle topper.

The decision comes in an appeal brought by London-based Diageo North America and Casa Cuervo of Mexico, which used a dripping red wax seal on special bottles of its Reserva tequila. U.S. District Judge John G. Heyburn II in 2010 granted Maker’s Mark’s request for an injunction stopping other liquor companies from using the seal.

In a 19-page opinion affirming that decision, Judge Boyce F. Martin waxed poetic about the history of Kentucky’s most famous distilled spirit. Martin, who noted at oral arguments in December that “Maker’s Mark is not cheap,” displayed a detailed knowledge of the history and manufacture of bourbon, writing that “corn-based mash and aging in charred new oak barrels impart a distinct mellow flavor and caramel color.”

“Distillers compete intensely on flavor, but also through branding and marketing; the history of bourbon, in particular, illustrates why strong branding and differentiation is important in the distilled spirits market,” Martin wrote.

He even cited the bourbon brands preferred by 19th century statesmen such as Ulysses S. Grant and Daniel Webster.

The Samuels family, which created Maker’s Mark in 1958, trademarked the distinctive seal in 1985. The seal, perfected by Margie Samuels in the family’s deep fryer, doesn’t serve any practical purpose in keeping the bottle closed.

The trademark held by Maker’s Mark describes the seal as a “wax-like coating covering the cap of the bottle and trickling down the neck of the bottle in a freeform irregular pattern.” The trademark application doesn’t refer to a specific color, but Maker’s Mark told the court it has sought to enforce the trademark only as it applied to the red dripping wax seal.

Deerfield, Ill.-based Fortune Brands, which now owns Maker’s Mark, has since split its liquor business into a new company called Beam Inc.

Cuervo opted to include a dripping wax seal on bottles in 1997 as part of an effort to create an artisan look. The bottles of Reserva with the new seal entered the U.S. market in 2001 in a limited production of 3,000-to-4,000 bottles. The bottles remained on sale in the U.S. for about three years.

Maker’s Mark, bottled in Loretto in central Kentucky, spends about $22 million annually to market its bourbon and sells about 800,000 cases a year. It sued over the seal in 2003, claiming it violated the long-standing trademark. Cuervo dropped the dripping wax seal six years ago.

Martin wrote for the court that “there is more than one way to seal a bottle with wax to make it look appealing.”

“We conclude that there is a likelihood of confusion between the products and that Cuervo has infringed,” Martin wrote for judges Karen Nelson Moore and Deborah L. Cook.

The court also upheld Heyburn’s decision to award Maker’s Mark $66,749 in attorney’s fees.

Rob Samuels, chief operating officer of Maker’s Mark, said the decision is “a resounding affirmation” that the seal is “off limits to competitors.”

“We’ve been confident in our position all along, and today’s outcome confirming that our unique trade dress cannot be infringed is great news for fans of Maker’s Mark, those who handcraft our bourbon, and those who individually dip each bottle every day,” Samuels said.

Kelly Whitten, a spokeswoman for Diageo said the company was disappointed with the ruling.

“However, the decision will have no practical effect on either Diageo’s or Tequila Cuervo’s business going forward, since neither has sold Cuervo products with dripping red wax seals since 2004,” Whitten said.

At oral arguments in December, Maker’s Mark attorney Edward T. Colbert told the judges that Cuervo had no need to use the wax seal because it serves no purpose other than eye-catching looks.

Attorneys for Diageo and Cuervo argued that using a wax seal wouldn’t cause customers to confuse the company’s tequila with the bourbon or believe the two companies were affiliated.

Martin quoted the late Justice Hugo Black who wrote, “I was brought up to believe that Scotch whiskey would need a tax preference to survive in competition with Kentucky bourbon.”

Martin added, “While there may be some truth in Justice Black’s statement that paints Kentucky bourbon as such an economic force that its competitors need government protection or preference to compete with it, it does not mean a Kentucky bourbon distiller may not also avail itself of our laws to protect its assets.”

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Online:

Beam Inc. (formerly Fortune Brands): http://www.beamglobal.com/

Maker’s Mark: http://www.makersmark.com

Diageo: http://www.diageo.com

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Follow Associated Press writer Brett Barrouquere on Twitter: http://Twitter.com/BBarrouquereAP

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US appeals court backs graphic cigarette labels

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LOUISVILLE, Ky. (AP) — A federal appeals court has upheld a law requiring new, bigger graphic warning labels on cigarette packs.

The lawsuit was filed in Kentucky. It’s one of two suits by tobacco companies against the federal rules that would make them slap large images on cigarette packs depicting the health ravages of smoking.

The other case has so far resulted in a federal judge in Washington blocking the new requirement, arguing last month it violated free speech. That decision is being appealed by the government.

But on Monday, an appeals court in Ohio ruled 2-1 to uphold parts of the Family Smoking Prevention and Tobacco Control Act, which also restricts how tobacco products may be marketed.

A lawyer for N.C.-based R.J. Reynolds Tobacco Company did not immediately return a request for comment.

Ky. Company Sues To Stop Name Airing On Limbaugh

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LOUISVILLE, Ky. (AP) — A Kentucky-based health care company has sued to protect its name after being involuntarily drawn into the backlash over Rush Limbaugh’s derisive comments about a Georgetown law student.

Louisville-based Humana, the parent company of Concentra Health Services, filed on Thursday for a preliminary injunction to stop the Preval Group of Portland, Maine from using the name Concentra to market memory aid pills.

Humana said in court filings it received angry phone calls, emails and web postings after an ad for Concentra pills aired on Limbaugh’s show Monday. Concentra Health and the Preval Group are not related.

Limbaugh has been criticized for attacking student Sandra Fluke over contraception. He apologized but has lost some advertisers in the backlash.

A message left for the Preval Group Thursday was not immediately returned.

Concentra Health Services, based in Addison, Texas, runs more than 320 medical centers in 40 states offering occupational medicine, urgent care, primary care and physical therapy. The Preval Group is a marketing company that sells the memory pills.

The dispute came to a head on Monday, when the Preval Group aired an ad for the memory pill on Limbaugh’s radio show. Humana doesn’t advertise on the radio show, but officials say the Preval Group’s ad has resulted in people contacting the health care company and criticizing it for supporting Limbaugh’s show.

Concentra Health Services Vice President for Marketing Nancy Buttyan said in an affidavit that the company has been subject to “universally negative” posts and Twitter comments about the ad. Buttyan also said she’s responded to 30-40 emails from the public, including a Kentucky customer who said “I will stop using your services.”

Concentra has posted a link to a statement on its website labeled “Not On Rush.”

“We are not affiliated with this company or this product in any way. We apologize for any confusion created by this event, but assure you that this advertising is not from our company,” the company said on the website.

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Online: Preval Group website:

Concentra Health Services website:

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Associated Press reporter Brett Barrouquere is on Twitter:

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Ky. Company Sues To Stop Name Airing On Limbaugh

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LOUISVILLE, Ky. (AP) — A Kentucky-based health care company is suing to protect its name after being involuntarily drawn into the backlash over Rush Limbaugh’s derisive comments about a Georgetown law student.

Concentra Health Services filed on Thursday for a preliminary injunction to stop the Preval Group of Portland, Maine from using the name Concentra to market memory aid pills.

Louisville-based Humana, the parent company of Concentra Health, said in court filings it received angry phone calls, emails and web postings after an ad for Concentra pills aired on Limbaugh’s show Monday.

Concentra Health and the Preval Group are not related.

Limbaugh has been criticized for attacking Sandra Fluke over contraception. He apologized but has lost some advertisers in the backlash.

A message left for the Preval Group Thursday was not immediately returned.

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