Jack Daniels Files Trade Dress Lawsuit Against Competitor

Trademark Enforcement

Large-scale whiskey distillery, Jack Daniel’s, has filed a trade dress lawsuit against a small whiskey distillery, Popcorn Sutton’s Tennessee White Whiskey (“Sutton”), claiming Sutton’s bottling and labeling is “confusingly similar” to the easily acknowledged Jack Daniel’s packaging.

At their start, Sutton Whiskey was produced in mason jars to pay homage to its white whiskey founder, the late Marvin “Popcorn” Sutton. However, in late 2012, Sutton debuted new square-shaped bottles with a different label. This alteration was the catalyst behind Jack Daniel’s legal action seeking to have those bottles removed from the market. According to Jack Daniels, “[Suttons’] 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.”

Specifically, the lawsuit alleges that both whiskey bottles are square shaped with angled shoulders and sloped corners. Additionally, both whiskey bottle labels contain white text on black labeling.  Finally, Sutton’s font style on its bottle labeling is comparable to the Jack Daniel’s label. In addition to seeking an injunction on Sutton’s new bottles, Jack Daniel’s is also seeking an unspecified amount of damages. According to reports, Sutton has been non-responsive to inquiries about the lawsuit.

If you seek representation in a trade dress infringement lawsuit, contact the trade dress attorneys at Revision Legal at 855-473-8474.

Extra, Extra!
Recent Posts

2025 Changes to Trademark Fees

2025 Changes to Trademark Fees

Trademark

There are some significant changes coming to the United States Patent and Trademark Office (USPTO) that will affect trademark filings beginning January 18, 2025. These changes include the introduction of the Trademark Center, new fees, and revised application requirements. Here is an overview of the key changes: The USPTO will retire the TEAS system, which […]

Read more about 2025 Changes to Trademark Fees

Automated Decision-Making Technology: California Releases Proposed Regulations

Automated Decision-Making Technology: California Releases Proposed Regulations

Internet Law

In today’s competitive e-commerce landscape, automated decision-making technology is becoming more and more important. From personalized product recommendations to targeted advertising and streamlined logistics, these systems help ecommerce businesses adapt and grow. But new regulations are on the horizon, and these changes could reshape the way e-commerce businesses use automation. The California Privacy Protection Agency […]

Read more about Automated Decision-Making Technology: California Releases Proposed Regulations

FTC Adopts Final “Click to Cancel Rule”

FTC Adopts Final “Click to Cancel Rule”

Internet Law

The Federal Trade Commission (FTC) has issued final amendments to its trade regulation rule concerning negative option plans, also known as the “click to cancel rule.” This rule aims to address widespread deceptive practices that prohibit customers from cancelling services in the same manner in which they signed up. Here’s a detailed summary of the […]

Read more about FTC Adopts Final “Click to Cancel Rule”

Put Revision Legal on your side