LOUISVILLE, Ky. (AP) — A white whiskey alleged for a acclaimed Appalachian moonshiner started out actuality awash in Mason jars, to account its artful roots, but switched to square-shaped bottling. That new attending has the cipher distiller affected in a cast contravention activity with Jack Daniel’s Tennessee whiskey.
The acknowledged altercation pits an industry dejected claret adjoin a tiny distiller that proudly claims to backpack on the attitude of moonshiner Marvin “Popcorn” Sutton. The angry Sutton wrote a album alleged “Me and My Likker” and recorded videos on how to accomplish moonshine.
Sutton, accepted for his continued gray bristles and achromatic overalls, took his own activity in 2009 rather than go to bastille for authoritative white lightning.
Now, the whiskey maker he aggressive is adverse its own acknowledged problems.
The buyer of the Jack Daniel’s cast sued the Nashville, Tenn.-based distiller of Popcorn Sutton’s Tennessee White Whiskey. The accusation claims the bottling and labeling for the Popcorn Sutton artefact is “confusingly similar” to the all-over packaging for Jack Daniel’s.
The clothing filed in Nashville wants the Popcorn Sutton canteen removed from the market. It says the new packaging hit the shelves in either backward 2012 or aboriginal 2013.
“Defendants’ use of the new Popcorn Sutton’s barter dress in affiliation with their Tennessee white whiskey is acceptable to account purchasers and -to-be purchasers of the artefact to accept afield that it is a new Tennessee white whiskey artefact in the Jack Daniel’s line,” the accusation said.
The clothing was filed by California-based Jack Daniel’s Properties Inc., a accessory of Brown-Forman Corp.
Jack Daniel’s is the flagship cast of Louisville-based Brown-Forman, which awash 11 actor cases of the Black Characterization Tennessee Whiskey in the budgetary year that concluded April 30. Jack Daniel’s whiskey is produced in Lynchburg, Tenn.
Named as defendants are J&M Concepts LLC and Popcorn Sutton Distilling LLC, which accomplish in Nashville.
The defendants did not acknowledge to buzz calls and emails gluttonous animadversion Friday.
The baby distillery’s website says Popcorn Sutton’s white whiskey is currently accessible in Tennessee, Kentucky, Arkansas and Georgia.
The clothing addendum what it said are the similarities amid the packing for Jack Daniel’s and the Popcorn Sutton spirit. Both bottles are aboveboard shaped with angled amateur and askew corners, with white-on-black labeling blush schemes, the clothing said. Even the chantry appearance of the Popcorn Sutton labeling is evocative of the Jack Daniel’s label, it said.
Except for accessory tweaks, the Jack Daniel’s packaging has been “a constant bartering impression” for decades, the clothing said. That packaging is allotment of “one of the oldest, longest-selling and best iconic customer products” in U.S. history, it said.
The clothing said the defendants’ adept distiller, Jamey Grosser, cited Sutton for alarming the makeover for his brand’s look. Grosser acclaimed that Sutton capital to advertise his booze in clear packaging already he could allow to do so. The old moonshiner would say: “My whiskey is too acceptable to be in a abuse jar,” the clothing said.
Nick Reifsteck, administrator of Old Town Wine and Spirits in Louisville, said the Popcorn Sutton’s whiskey seemed added accepted in its simpler bottle.
“When it was in the Mason jars, it was a bigger seller, added of a curiosity,” he said Friday.
Jack Daniel’s aftermost year appear its own white spirit — an unaged rye. So far, the aggregation has produced about 100,000 bottles for auction in the U.S., Brown-Forman said.
The accusation seeks an admonition to stop the defendants from application their accepted bottle. It additionally asks for bearding damages.
For Jack Daniel’s, it’s the latest annular of acknowledged angry in its acuity to assure its trademark, its ancestor aggregation said.
“We’ve taken activity adjoin abounding individuals and companies all over the apple for anarchic in the Jack Daniel’s trademark,” Brown-Forman agent Phil Lynch said Friday. “We are active in our aegis of all our trademarks, and abnormally Jack Daniel’s.”
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