Sazerac files another Fireball copycat suit

Sazerac has accused a Florida-based spirits company of planning to release a cinnamon-flavoured product that is “confusingly similar” to its own Fireball Cinnamon Whisky.

Sazerac said Caribbean Distillers created Mad Hen to “exploit and trade on” the popularity of the flavoured whisky

The company alleges that Caribbean Distillers’ cinnamon-flavoured whiskey line ‘Mad Hen’ closely resembles the trade dress of Fireball.

The suit contests that both products are golden brown, cinnamon flavoured, marketed in “clear bottles of identical shape”, and feature a “similarly shaped” label with “similar” text layout, colour scheme, “fire imagery” and darkened “charred” edges.

According to Law360, in a complaint filed in Kentucky federal court, Sazerac stated: “Defendant is a producer of distilled spirits, but instead of developing its own unique brand, defendant intends to produce, market and sell a product in packaging that is confusingly similar to Sazerac’s Fireball trade dress.”

Fireball Cinnamon Whisky was the spirit most frequently recommended by US bartenders in 2015, and in the suit, Sazaerac said Caribbean Distillers created Mad Hen to “exploit and trade on” this popularity.

It added that upon receiving a cease-and-desist letter in January, Caribbean Distillers denied infringement and refused to change Mad Hen’s trade dress.

This is not the first time that Sazerac has filed trademark complaints.

In November 2015, Sazerac sued Jack Daniel’s for allegedly infringing the trademark of Fireball Cinnamon Whisky in a Google advert for Tennessee Fire, and in August 2015, the firm launched legal action against a North Carolina brewery for its Fire Flask malt liquor.

When approached by The Spirits Business Sazerac declined to comment.