Last week, Alan Rupp set a record for his 50-year-old company by making more than 7,300 Derby Pies. The name of his Louisville company, Kern's Kitchen, is imprinted on the trademarked pies' crust. Photos by/BRANDI STAFFORD/The Cincinnati Enquirer

They don't call it "Derby Pie" for nothing.

At Saturday's Kentucky Derby, Churchill Downs will serve more than 25,000 slices of the rich and sweet custard, filled with chocolate chips and walnuts. And just about anyone who is anybody hosting a Derby party this week will serve the pie, probably warm, topped with ice cream or bourbon whipped cream.

Fifty years ago, Alan Rupp's grandparents and uncle (no relation to the legedary basketball coach, Adolph) created the pie at their little restaurant near Louisville and drew the name for it out of a hat. In 1968, they trademarked "Derby Pie."

So Rupp is not only working nearly 'round the clock making pies to keep up with demand - he's on watch, looking to protect his trademark and family legacy. If he hears someone else is selling "Derby Pie," Rupp sends them a nasty letter.

"They can call it chocolate nut pie," he says. "They can call it thoroughbred pie, nutty-gooey pie, Kentucky pie or race horse pie. As long as they don't call it Derby Pie."

Chuck Martin