Mediation fails as legal fight over Ruthie beer heads toward trial

A mediator has failed to resolve a years-old dispute over a popular beer that bears the name of a long-deceased Des Moines bartender.

Litigation over Exile Ruthie beer has been working its way through the state and federal court systems for more than two years.

The beer is named after Ruthie Bisignano, who was known for her ability to serve beer from her bosom. Her estate is suing Des Moines’ Exile Brewing Co. for the alleged unpermitted use of Ruthie’s persona to advertise the establishment’s Ruthie beer and related products.

The lawsuit, filed by Bisignano’s nephew and administrator of her estate, Fred Huntsman of Seattle, seeks compensation and an order requiring Exile to obtain written permission from the family before using Ruthie’s name or image in future business endeavors

In June, the parties agreed to mediation by Mark Bennett, a former federal judge. Recently, the attorneys for both sides in the case informed the court that mediation, held in August, “was unsuccessful in resolving any issue in the case” and that Bennett had closed his file and considered his work completed.

The case is now headed toward a trial next fall. The attorneys expect it to last 10 days.

From 1950 to 1971, Ruthie Bisignano owned and operated a Des Moines bar called Ruthie’s Lounge, where signs advised patrons to “ask for the well-balanced beer.” At the time, Ruthie had drawn state and national attention for her ability to fill two glasses of beer balanced on her breasts and then serve them to patrons without using her hands.

“Ruthie’s serving skill attracted significant numbers of patrons who sometimes traveled across the country for the opportunity to see her in person,” the lawsuit alleges.

Ruthie Bisignano died in 1993. In 2012, Exile opened its brewery and brewpub restaurant in Des Moines and featured as its flagship beer a brew called “Ruthie,” adorned with labels that featured an artist’s rendition of Ruthie Bisignano’s beer-balancing skills.

According to the lawsuit, Ruthie has since become Exile’s best-selling beer and it comprises more than half of the company’s annual beer production. With more than 7,000 barrels sold each year. the lawsuit claims, Ruthie is the best-selling Iowa-made beer in the state, and it was named the official craft beer of the 2019 Iowa State Fair.

As originally filed in state court, the lawsuit sought damages for misappropriation of Ruthie Bisignano’s name and likeness; misappropriation of trade values; consumer fraud; deceptive marketing; and right of publicity. The case was later amended to include federal claims of deceptive marketing and false designation of origin, which led to the case being transferred to U.S. District Court.

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