Exile settles lawsuit over use of Ruthie brand, won't say if it will continue to use name

William Morris, Des Moines Register
·3 min read
The estate of Ruthie Bisignano sued Exile Brewing Co. of Des Moines for "unjustified and unpermitted" use of Bisignano's persona to advertise the brewery's best-selling Ruthie lager.
The estate of Ruthie Bisignano sued Exile Brewing Co. of Des Moines for "unjustified and unpermitted" use of Bisignano's persona to advertise the brewery's best-selling Ruthie lager.

Des Moines' Exile Brewing has settled a long-running lawsuit with relatives of the namesake of its Ruthie Lager, but won't say what that means for its best-selling beer.

The brew is named for Ceva Ruth-Lucille "Ruthie" Bisignano, a 1950s Des Moines bartender famous for her ability to pour beers while balancing the glasses on her ample chest. The feat is depicted on the beer's label in a drawing based on photographs that appeared in publications throughout the nation.

Exile has been selling the beer since the brewery opened in 2012 to great commercial success, including Ruthie being named the official craft beer of the Iowa State Fair in 2019.

In 2020, Bisignano's heirs sued Exile, alleging it had misappropriated her likeness. They demanded compensation and that Exile desist from using her name and likeness without permission.

More than three years of litigation later, court filings show Bisignano's estate and Exile have settled their legal claims, but it's not clear from the documents whether the family has signed off on the use of the Ruthie brand going forward. When asked by the Des Moines Register, Exile declined to say whether it will continue using the name.

Settlement between Exile, Bisignano heirs ends years-long lawsuit

The depiction of Ruthie Bisignano on the Ruthie beer label.
The depiction of Ruthie Bisignano on the Ruthie beer label.

The lawsuit, initially filed in Polk County state court, was moved in 2022 to federal court after the family added claims for deceptive marketing under federal law. That's just one of many twists and turns in the litigation, including allegations in 2022 that Exile cofounder Bob Tursi had "violently threatened" state Sen. Tony Bisignano, Ruthie Bisignano's nephew.

At its core, the case alleged that the estate of Bisignano, who died in 1993, owned the rights to use of her name and likeness, including, as described in the original complaint, the symbol of "a female, buxomy, brunette bartender pouring beer into glasses balanced on her breasts." In addition to the beer itself, Exile also has used Bisignano's name and likeness on other merchandise, advertising, community events and fundraisers, according to the complaint, all without legal permission to do so.

Exile has claimed in court filings it searched before using Bisignano's likeness and found no living children and no other products being marketed using her name. It also argued that Bisignano's husband's estate lacked standing to sue on behalf of Ruthie Bisignano, who died in 1993, that the family had waited too long to file its complaint and that many of their claims did not exist under Iowa law.

October 2022: Mediation fails as legal fight over Iowa craft beer Ruthie heads toward trial

An Iowa judge in 2020 rejected a motion from Exile to have the case dismissed. In September, a federal judge granted Exile judgment on parts of the family's suit but ruled that claims Exile violated Bisignano's right to publicity under Iowa law should be heard before a jury.

The case has also gone up to the Iowa Supreme Court, which ruled in May that Exile had no standing to object to the reopening of Bisignano's husband's estate. The court expressly declined to rule on the merits of the estate's claims against Exile.

The case was set for trial, to begin Jan. 16, but after a Nov. 30 settlement conference, the court noted the case had been resolved and removed the trial from its calendar.

Will Exile Brewing continue to market Ruthie beer? Nobody will say

An undated file photo showing Ruthie Bisignano, a Des Moines bar owner who earned notoriety in the 1950s for pouring and serving beers balanced on her chest, demonstrating her signature trick.
An undated file photo showing Ruthie Bisignano, a Des Moines bar owner who earned notoriety in the 1950s for pouring and serving beers balanced on her chest, demonstrating her signature trick.

Neither side will discuss what that settlement entails.

Attorney Scott Wadding, representing the Bisignano family, confirmed the case had settled but declined to comment, saying the terms of the deal are confidential. Exile's attorney did not respond to a message seeking comment.

Asked if Exile will continue to use and market the Ruthie brand, Exile marketing director Erin Muir said the company "cannot comment at this time."

As of this week, the beer remained prominently featured on Exile's website.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.

This article originally appeared on Des Moines Register: Exile Brewing in Des Moines settles Ruthie beer lawsuit