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