Sazerac Sues Facebook Imposter, Claims They Posed as Buffalo Trace Master Distiller to Sell Counterfeit Van Winkle Bourbon

A picture of the Buffalo Trace Distillery entrance sign in snow intended for media kit usage. (Photo: Buffalo Trace)

On July 16, liquor giant Sazerac filed a complaint against an anonymous individual (or individuals) who Sazerac claims has been pretending to be Buffalo Trace Master Distiller Harlen Wheatley across multiple social media channels and using this false persona to fraudulently sell Sazerac-related products — including rare bottles of Van Winkle bourbon — in what appears to be a Van Winkle bourbon scam targeting collectors and enthusiasts.

Sazerac describes this act as a “longstanding grift,” saying the defendant — who has no affiliation with Sazerac — has been using this false identity to offer the public access to “unique Sazerac products and experiences,” including the opportunity to purchase exclusive, expensive bourbons.

The eight-count complaint includes claims of unjust enrichment, false advertising under the Lanham Act, trademark infringement and unlawful alcohol sales without a license under Kentucky law.

Sazerac also accuses the individual of unlawfully storing and selling alcohol without a license, a potential felony offense under Kentucky law.

Sazerac says it believes the defendant used his accounts to obtain and sell “a conglomeration of counterfeit, stolen, and otherwise unauthorized bourbon whiskey bearing Sazerac’s trademarks.”

Per the complaint, the individual purported to be “Harlen Davis Wheatley” and used the handles @harlen.davis.wheatley and @buffalo.trace.distillery.302723 on Facebook. Sazerac says the fake Buffalo Trace account gave the impression of official affiliation to mislead buyers.

“Well aware of the goodwill and extensive demand for products involving Buffalo Trace and Wheatley, Defendant is deliberately impersonating Wheatley on Facebook by using his name, persona, professional credibility, and association with Buffalo Trace and Sazerac to create a false sense of authenticity and credibility, which he uses to dupe prospective customers,” the complaint reads.

Sazerac claims the defendant’s actions have been intended to “confuse Sazerac’s customers, deceive the general public into believing that Defendant is affiliated with Sazerac, and to divert business away from Sazerac by passing off counterfeit or otherwise unauthorized goods as genuine Sazerac products.”

Sazerac says that this fraudulent behavior has continued despite the company sending multiple cease-and-desists via social media. According to the complaint, the defendant initially used pictures of Wheatley on their profiles, but following the cease-and-desist, they changed the profile pictures to photographs of a Louisville-based attorney, Brian Haara, who is not involved in the case.

Sazerac is seeking a trial against the anonymous individual or individuals and is asking for compensatory damages in an amount to be proven at that trial. Additionally, Sazerac seeks a restraining order against the defendant preventing them from promoting, selling, distributing or marketing Sazerac-branded products and experiences, and an order requiring the defendant to take down their social media accounts.

Sazerac also wants the defendant to pay punitive damages; interest on the “foregoing amounts at the maximum rate allowed by law”; Sazerac’s costs, taxes and reasonable attorneys’ fees; and any other furhter relief deemed just and proper by the court.