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Jack Daniel’s sues “confusingly similar” Popcorn Sutton whiskey
Jack Daniel’s has filed a lawsuit against Tennessee whiskey brand Popcorn Sutton for allegedly copying the style and shape of its bottle.
Jack Daniel’s and Popcorn Sutton white whiskey are said to have “confusingly similar” bottles
Popcorn Sutton whiskey, named after the legendary Appalachian moonshiner who took his own life in 2009 rather than face jail, is embroiled in a trademark dispute with Jack Daniel’s having recently switched from its mason jar bottle design to one “confusingly similar” to that owned by Brown-Forman.
The new packaging, which hit US shelves in late 2012, features a square, broad shouldered bottle with a black label printed with a white “wild west” style font “reminiscent” of that used by Jack Daniel’s.
Jack Daniel’s Properties Inc, a subsidiary of Brown-Forman, filed the lawsuit in Nashville against defendants J&M Concepts LLC and Popcorn Sutton Distilling LLC, with a demand that the Popcorn Sutton bottles are removed from the market.
“Defendants’ use of the new Popcorn Sutton’s trade dress in connection with their Tennessee white whiskey is likely to cause purchasers and prospective purchasers of the product to believe mistakenly that it is a new Tennessee white whiskey product in the Jack Daniel’s line,” the lawsuit, filed on 18 October, said.
Last year Jack Daniel’s released its first unaged whiskey product, Jack Daniel’s Unaged Rye, the first release by the Tennessee distillery to use a new grain bill in over 100 years. Launched in December 2012, the product is presented in a clear bottle labelled Unaged Tennessee Rye.
“We’ve taken action against many individuals and companies all over the world for infringing in the Jack Daniel’s trademark,” said Phil Lynch, spokesman for Brown-Forman. “We are vigorous in our defence of all our trademarks, and especially Jack Daniel’s.”
Popcorn Sutton claimed to have been producing moonshine for around 35 years, and was widely thought to be the last bootlegger left in the Tennessee area. He made several videos about how to make illegal liquor at home, as well as a self-published autobiography and distilling guide titled Me and My Likker.