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Popcorn Sutton Sued Over Jack Daniels Rip-Off

jack daniels

Popcorn Sutton, the company that makes Popcorn Sutton Moonshine, is being sued by Jack Daniel’s Whiskey over a claim of trademark infringement. The claim surrounds the use of the Jack Daniel’s square bottles and the trademark Jack Daniels black-and-white label.

The suit, which was filed last week in the Nashville District Court, names J&M Concepts LLC and Popcorn Sutton Distilling LLC, which both operate out of Nashville.

The suit said about the trademark infringement: “This is an action to redress defendants’ infringement” of Jack Daniel‘s “federally- registered trademarks,” adding that the Defendants’ are in violation of federal and state laws:

“arising from … marketing and sale of Defendants’ Popcorn Sutton’s Tennessee White Whiskey in a trade dress that is confusingly similar to the iconic trade dress for Jack Daniel’s Tennessee whiskey.”

The suit continues to speak about the fact that Jack Daniel’s “Tennessee whiskey is one of the oldest, longest-selling, and most iconic consumer products in the history of the United States.”

Jack Daniel’s is worried that the Popcorn Sutton move to square bottles back in 2012: “creates the unreasonable risk that consumers will conclude that there exists some affiliation, connection, or association between” Jack Daniel’s and Popcorn Sutton Moonsine, and that the bottles are used to “deceive and confuse the public.”

Jack Daniel’s are asking for an injunction to stop Popcorn Sutton Moonshine from using their iconic square bottle and black-and-white label. They are requesting, as well as the injunction, that they be reimbursed for: “damages in an amount to be proved at trial.”

It remains to be seen what the outcome of the Jack Daniel’s lawsuit against Popcorn Sutton Moonshine will be and what, if any, will be the final settlement that will satisfy both of the distilleries.

Image of Popcorn Sutton Via Ann Richardson

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31 Responses to “Popcorn Sutton Sued Over Jack Daniels Rip-Off”

  1. Anonymous

    Not a chance in hell they'll win this. You can't patent a square bottle, or a black and white label for that matter.

  2. Henry L Grimme Jr.

    people are not that stupid they can read and see the difference in the bottle's especially popcorn's bottle is squarer and the color black ! while JD has been around for ever why are they so worried is popcorn's actually better ? the people will decide that question amazing how JD is suing a dead man ! here's a question for JD how come you are not suing JIM BEAM it comes in a square bottle !

  3. Richard Sutton

    While it is a square and the label is in black and white, there is enough difference not have violated their copyright of their labels. Also Popcorn Sutton label has a little red on it, the lettering and their placement not like Jack Daniel's is. What they is hoping for is for Popcorn Sutton will do to the expense in a court battle would change it label.
    JD will have a ever hard road ahead trying to prove that their label hurt their sells.
    From where I seat it is a frivolous lawsuit that is without merit.
    BTW most of the frivolous law suit is done by Big Business instead of the private citizens.
    and no I am not related but I do like the name.

  4. Jodie Mancin Lear

    OMG Jack Daniels need to quit consuming their product sober up and see how stupid this is!

  5. Tammy Jenkins Clyburn

    oh paaaleaseeee!! popcorns is nothing like jd's rock gut crap!!!!! smh!! O.o though ive never tried popcorn's, but i do remember the rock gut crap that is…..jack daniels!!!!!!! nothing could be any worse than that swill!!! yuck!!!!!!! and the bottles are nothing alike!!! corp imps!!!!!! >;( go after nasty jim beam instead of popcorns!! yuck 2x's!!!!!!! :p heck its all nasty, and bad!! thats why i quit!!!!!!! but this is just wrong!

  6. Wayne Earls

    The man is dead, but the company that bears his name is Very alive.

  7. Brian Z-Man

    Then perhaps Evan Williams (Kentucky's first distiller) should be suing Jack Daniels…..Evan is in a square bottle with a black label and white script and predates JD by almost 100 years (1783). Jack Daniels is for rednecks who drink Bud Light and high school kids who think its cool.

  8. Raymond Barth

    How old is JD? They are acting more like a two year old having a tantrum! I do not think that I will buy their product any more if they are going to act like this and besides how do you think they will cover court and attorney cost other than raising the cost per bottle.?

  9. Anonymous

    Jack daniel's just gave Popcorn sutton free Advertisement Now.. Free ad, JD lose.. Its a Win, Win for Popcorn

  10. James Fields

    Jack Daniels didnt even invent the square bottle, it was invented 100 years before they even existed. Id say the Johnny Walker bottle is more recognizable as square than Jack is. I have never had the Popcorn Sutton moonshine, but it cant be any worse than Jack, which tastes like shoe polish mixed with Mr.Clean.

  11. Anonymous

    Thank you Jack Daniel's for letting me know about Popcorn Sutton's liquor. I'm gonna go down to the store and get me a bottle of that instead of yours!

  12. Nancy Kennedy Clark

    Popcorn Sutton is from Maggie Valley, NC. Years ago, before he died, you could get your picture made with him for $20. He wrote a book "Me and My Likker". He has been featured on The History Channel. He was younger than he looked. He was was supposedly buried on a mountain but the body was mysteriously moved.

  13. Susan McCoy

    They just need to let Popcorn Sutton's family alone…Greedy JD's people…I don't drink liquor, but if I did, I would get Popcorn's before JD's .

  14. Anonymous

    I had never heard of popcorn sutton before yesterday. I will be checking it out now.

  15. Bob Birtchet

    Hey Jack, ya ever hear of Evan Williams? Now that looks like your bottle. Better whiskey at half the price. Old crow is half the price of Evans, and Dr. James Crow was co-inventor of the sour mash process. They should sue you Jack, for using their procedure.
    Sutton should be thanking you for the publicity, they'll probably sell more now than ever and there's no way your going to win this. You didn't invent the square bottle and I'm sure a lot of people are going to stop buying your over rated crap.

  16. Donita Hayes

    That's not the point. It's called "dilution," ergo diluting the brand. "Confusingly similar." Same thing as knock-off purses.

  17. Donita Hayes

    you can patent bottle designs — coke and pepsi both have them, as well as smart water. And, it's just a coincidence that it's Tennessee whisky with a black and white scroll label? That is a trademark.

  18. Anonymous

    I'd have to drink 3 bottles of each to find the two "confusingly similar". There's no resemblance of the JD bottle in the PS bottle, ergo no damn case and should be thrown out before it becomes a waste of judicial time.

  19. Anonymous

    I think there are enough differences (not knowing the exact items trademarked) Now that the Popcorn Sutton brand has been brought to my attention by Jack Daniels, I will give it a try. HaHa. Probably won't compare to my Jim Beam Double Aged Black. Oh my gosh, it's in a similar shaped bottle with a black label as well.

  20. Michael Costello

    There are multiple differences in the square bottle not to mention labeling. The corners are sharper, the neck and shoulders of the bottle are different, not to even mention the color. Jack, sit back and have a drink, what next Cambell's soup suing everyone that has a round can?

  21. Ross Christensen

    I have worked at a liquor store for almost a year now and have only seen one bottle of Popcorn Suttons purchased. However, Jack Daniels flies off the shelf. The all black bottle clearly distinguishes the two in my opinion. We sell a whiskey called Ezra Brooks that looks way more similar to Jack Daniels.

  22. Anonymous

    Jack Daniels fusil oil swill would gag a maggot……where was Jack Daniels when Evan Williams came out 40+ years ago ? I find it hilarious that most people don't know the difference in Jack Daniels & Evan Williams & half the bars will serve you Evan because it's cheaper. Most casual bourbon drinkers don't appreciate the subtle differences in good bourbons & anyone that pours a soft drink in bourbon is not a real drinker anyway.

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