Derby Pie is about a well-known to Louisvillians as the race it shares a name with, but many don't realize that it could easily have had another title - one that probably would have been just as heavily protected. After perfecting their top-secret recipe (purportely known to only three people) in 1954, Walter, Leaudra and George Kern couldn't agree on a label. They gathered a few friends, dropped their favorite ideas into a hat, went by the luck of the draw and the rest is trademark history.
For some locals, the dessert is know more for that trademark logo and the lawsuits surrounding it than its chocolate and nut filling. Perhaps wrongly so. Alan Rupp, owner of Kern's Kitchen, estimates that they have filed only 10 lawsuits for infringement since 1968. He notes "It can be a little tricky for small businesses that want to protect what they've developed. Litigation is something we don't want to get into; we look for ways to solve situations without it." They begin with a "friendly" cease-and-desist letter from their lawyer, which most companies respond to concordantly. If not, things can go further, all the way up to federal court. But don't worry, experimenting with chocolate-nut pie recipes in your kitchen won't get you sued - just make sure your label doesn't way "Derby Pie."
So what ingredients are included in the dessert with the infamous appellation? The important ones to know are chocolate chips, walnuts and a flaky crust with the name stamped into it. Any attempt at getting the total recipe is futile, and has been for 50 years. One businessman even offered the Kerns a blank check so he could buy the recipe for his daughter - his offer was politely declined.
