(Reuters) – A company that sells “Lehman Brothers”-branded whiskey failed Wednesday to persuade an appeals court to reject a U.S. trademark challenge by Barclays Plc, which owns assets from the defunct investment giant Lehman Brothers.

Tiger Lily Ventures Ltd’s liquor is likely to cause consumer confusion even though Barclays had let its Lehman Brothers trademark registrations expire, the U.S. Court of Appeals for the Federal Circuit said.

Tiger Lily’s attorney Robert Garson of Garson, Segal, Steinmetz, Fladgate said the company was disappointed with the decision and hopes its whiskey will “remain on shelves for years to come.”

Barclays declined to comment on the ruling.

Lehman Brothers was one of the largest investment banks in the United States before it collapsed during the 2008 financial crisis. Barclays bought several businesses and assets from Lehman Brothers, including its trademarks, shortly after the collapse.

The London-based bank later let all of its U.S. “Lehman Brothers” trademark registrations expire.

United Kingdom-based Tiger Lily sells three whiskeys that its website says “tell the tale of the rise and fall of Lehman Brothers.” It applied to register U.S. “Lehman Brothers” trademarks to use on alcohol and bar services.

A U.S. Patent and Trademark Office tribunal ruled for Barclays on its opposition to Tiger Lily’s applications in 2020, finding the marks would likely cause consumer confusion. A three-judge Federal Circuit panel upheld the decision Wednesday.

The appeals court rejected Tiger Lily’s argument that Barclays had abandoned all its “Lehman Brothers” trademark rights. It noted that Barclays has continued to use the name in winding up the business of Lehman Brothers affiliates, and that Barclays uses the mark in other capacities.

The Federal Circuit affirmed that Tiger Lily’s mark was likely to create confusion, noting that the names were identical, the original Lehman Brothers trademark is famous, and Tiger Lily was trying to capitalize on the company’s fame.

Financial companies have also promoted their services by using their marks in connection with food and alcohol, and Lehman Brothers had used its name on whiskey decanters and beverage coolers, the court said.

The case is Tiger Lily Ventures Ltd v. Barclays Capital Inc, U.S. Court of Appeals for the Federal Circuit, No. 21-1107.

For Tiger Lily: Robert Garson of Garson, Segal, Steinmetz, Fladgate

For Barclays: Eric Shimanoff of Cowan, Liebowitz & Latman