Sazerac resolves Fireball trademark lawsuit

28th September, 2015 by Amy Hopkins

Sazerac has settled a trademark lawsuit with a North Carolina brewery after accusing the firm of infringing on its Fireball Cinnamon Whisky trademark.

Fireball-Fire-Flask-lawsuit

Sazerac has resolved its trademark lawsuit against the Stout Brewing Company over the Fireball and Fire Flask brands

The US distiller took legal action against Stout Brewing Company and its Fire Flask malt liquor last month, claiming the brand “exploited” the trademark of Fireball and used packaging that was “confusingly similar”.

Fire Flask, which launched this summer, features a horned demon figure on its label and also uses the same colour scheme and red bottle caps, Sazerac argued.

Law360 reports that Sazerac has dropped the lawsuit, while Stout Brewing Company has also dropped its counterclaims. Each party has agreed to cover its own legal fees and court costs.

Stout Brewing Company initially argued that there were several differences between Fireball and Fire Flask, while the word “fire” along with its choice colour scheme was “hardly distinctive” in the bottle design and marketing of spicy of hot products.

The brewery has, however, agreed to redesign its label and “cease selling products with infringing labels” after acknowledging Sazerac’s rights to the Fireball trademark and trade dress.

In 2012, Sazerac sued Hood River River Distillers over the name and labelling of its cinnamon-flavoured SinFire Cinnamon Whiskey, which it claimed infringed on the trademark of Fireball.

The company later filed as lawsuit against Crosby Lake Spirits Company for its Bison Ridge Canadian whisky, which it claimed was “confusingly similar” to Buffalo Trace.

Leave a Reply

If that's interesting, how about these?

Oz wine region becomes key brandy producer

Beverage producer Bickford’s Australia has established a new AUS$6.6 million more...

Breakthru to 'aggressively' fight fraud allegations

Breakthru Beverage Group has reassured employees it will "aggressively" fight more...

Louis XIII Cognac-only store opens in Beijing

Rémy Cointreau has opened a boutique in Beijing dedicated to the most more...

SHS Drinks appoints agency to 'reinvent' WKD

In an effort to "reinvent" WKD in the on-trade, SHS Drinks has appointed Life more...

Travel retail in focus: Cognac

With new figures pointing to an overall wine and spirits decline in travel more...

William Grant sees record profit as sales recover

Independent spirits group William Grant & Sons saw profit after tax soar 8.9% more...

Glenfiddich revamps Cask Collection for Cannes

Glenfiddich has redesigned its Cask Collection series – the brand's first more...

W.L. Weller Bourbon proof and age 'will remain'

Buffalo Trace Distillery has unveiled new bottle designs for its W.L. Weller more...

Whitley Neill releases Blood Orange Vodka

Halewood Wines & Spirits-owned Whitley Neill Gin has moved into vodka with the more...

Scotch whisky gets registered trademark in Taiwan

In what the Scotch Whisky Association has hailed as a "major legal more...

Buffalo Trace unveils vintage-dated Bourbons

Buffalo Trace Distillery is set to release three unique vintage-dated Bourbons more...

William Grant reveals new-look Drambuie

UK-based William Grant & Sons has unveiled a new-look pack for Drambuie, the more...

Knob Creek to lose 9yo age statement

Beam Suntory-owned Bourbon brand Knob Creek is to lose its nine-year-old age more...

Bacardi snaps up Bell as malts ambassador

Bacardi has appointed former Diageo ambassador Georgie Bell as global malts more...

Wales secures ‘whisky’ status as Dà Mhìle bottles grain

The nation of Wales is set to become an official whisky producing country as more...

Scotch slips in travel retail brand standings

While Scotch whisky continues to dominate travel retail spirits, half of the more...

KDA welcomes Louisville Distilling Company

Louisville Distilling Company is the newest member of non-profit trade group more...

Top 5 bars in... Perth

Situated on Australia’s west coast, Perth is the largest isolated city in the more...

Compass Box finds Scotch label 'loophole'

Independent whisky bottler Compass Box reveals it has uncovered a 'solution' to more...

Britons back lower drink driving limit

More than three quarters of the British public believe the current drink-drive more...