A whiskey commissioned under a distinct production contract may still use an established mash bill; commercial exclusivity and recipe novelty require separate evidence.
A contract can specify a genuinely unique recipe or other distinctive process. Establish this from relevant records rather than inferring it from the existence of a contract.
McCarthy's Sagamore account describes commissioned production while identifying the two grain recipes as MGP staples (PDF 220–221). Preserve the distinction between who orders the whiskey, who makes it, which recipe is used and what exclusivity actually covers.
Atomic idea
A whiskey commissioned under a distinct production contract may still use an established mash bill; commercial exclusivity and recipe novelty require separate evidence.
Reasoning
McCarthy's Sagamore account describes commissioned production while identifying the two grain recipes as MGP staples (PDF 220–221). Preserve the distinction between who orders the whiskey, who makes it, which recipe is used and what exclusivity actually covers.
Boundary
A contract can specify a genuinely unique recipe or other distinctive process. Establish this from relevant records rather than inferring it from the existence of a contract.
Evidence
Connection