Jack Daniel's in legal fight with small distiller - WRCBtv.com | Chattanooga News, Weather & Sports

Jack Daniel's in legal fight with small distiller, moonshiner Popcorn Sutton

Photo credit: Ann Richardson.  Popcorn Sutton (left) and Jack Daniels. Photo credit: Ann Richardson. Popcorn Sutton (left) and Jack Daniels.

By BRUCE SCHREINER, Associated Press

LOUISVILLE, KY (AP) - A white whiskey named for an Appalachian moonshiner was first sold in Mason jars, but recently switched to square-shaped bottling.

That new look has the small distiller embroiled in a trademark fight with Jack Daniel's Tennessee whiskey.

The owner of the Jack Daniel's trademark has sued the Nashville, TN-based distiller of Popcorn Sutton's Tennessee white whiskey.

The lawsuit claims the bottling for Popcorn Sutton's is "confusingly similar" to the Jack Daniel's packaging. It says the new bottle was sold in either late 2012 or early 2013.

The suit was filed by California-based Jack Daniel's Properties Inc. and seeks damages and an injunction to stop Popcorn Sutton from using the similar bottle.

Jack Daniel's is the flagship brand of Louisville-based Brown-Forman Corp.

Popcorn Sutton did not immediately respond to phone calls.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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