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Posted: 10/27/2013 3:30:44 AM EST
Jack Daniels claims similar looking Popcorn Sutton bottle and labeling is a trademark infringement. what say you arfcom?

http://www.wbir.com/story/news/2013/10/24/jack-daniels-trademark-owner-sues-popcorn-sutton-over-bottle-label/3179489/

The owner of the trademark for Jack Daniel's Tennessee whiskey has sued the Nashville-based distiller of Popcorn Sutton Moonshine claiming trademark infringement over use of the iconic Jack Daniel's square bottle shape and a similar black-and-white label for bottles of the moonshine.

Filed last week in U.S. District Court in Nashville by San Rafael, Calif.-based Jack Daniel's Properties, Inc., the suit names J&M Concepts LLC, and Popcorn Sutton Distilling, LLC, which operate from Nashville



Link Posted: 10/27/2013 3:33:24 AM EST
It's not even close.

Evan Williams is closer than that.
Link Posted: 10/27/2013 3:35:57 AM EST
The merchants at Jack Daniels want to make more money through lawsuits
Link Posted: 10/27/2013 3:42:24 AM EST
They are very similar. Good sue.
Link Posted: 10/27/2013 3:42:49 AM EST
Time was, I was Jack Daniel's best girlfriend, but I'm not seeing it.
Link Posted: 10/27/2013 3:44:37 AM EST
Complete rip off of JD's labeling.
Link Posted: 10/27/2013 3:45:22 AM EST
I'm no fan of either, but I find the lawsuit to be silly.

Link Posted: 10/27/2013 3:47:10 AM EST
Who in their right mind would want to drink either of those Tennessee swills.

Real whiskey is made in Kentucky.

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Link Posted: 10/27/2013 3:47:33 AM EST
Bottle is similar, labeling is similar. Is it a copy? not exactly, but I can see why they think its an infringement.
Link Posted: 10/27/2013 3:52:39 AM EST
jack daniels laid people off when i quit drinking. i just don't see the infringement.
Link Posted: 10/27/2013 3:55:04 AM EST
Link Posted: 10/27/2013 3:55:53 AM EST
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Originally Posted By glazer1972:
Who in their right mind would want to drink either of those Tennessee swills.

Real whiskey is made in Ireland.

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FIFY
Link Posted: 10/27/2013 3:59:50 AM EST
Silly lawsuit..... I guess JD figures they own a bottle shape and some colors.

Now I have to get a bottle of Sutton's and try it.
Link Posted: 10/27/2013 4:00:19 AM EST
I'm in the booze-peddling business and I was sued to change my company's name over much, much less than that.

With that square bottle, I think it's pretty easy to see how a retail customer could think that's a Jack Daniel's product.

Mr. Sutton should've done a little more research before choosing that packaging.

It would be like someone putting a new cola in a bottle that resembles Coca-Cola's or opening a McWherter's hamburger restaurant with a giant golden "M" as a logo.
Link Posted: 10/27/2013 4:00:43 AM EST
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Originally Posted By dangerdan:


FIFY
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Originally Posted By dangerdan:
Originally Posted By glazer1972:
Who in their right mind would want to drink either of those Tennessee swills.

Real whiskey is made in Ireland.

Posted Via AR15.Com Mobile


FIFY

thanks for saving me the trouble
Link Posted: 10/27/2013 4:17:09 AM EST
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Originally Posted By ugawino:
I'm in the booze-peddling business and I was sued to change my company's name over much, much less than that.

With that square bottle, I think it's pretty easy to see how a retail customer could think that's a Jack Daniel's product.

Mr. Sutton should've done a little more research before choosing that packaging.

It would be like someone putting a new cola in a bottle that resembles Coca-Cola's or opening a McWherter's hamburger restaurant with a giant golden "M" as a logo.
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You claim to be a booze peddler but don't realize popcorns been dead a while? It's more likely the bottle was chosen by mrs sutton. I'm calling
Link Posted: 10/27/2013 4:18:27 AM EST
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Originally Posted By glazer1972:
Who in their right mind would want to drink either of those Tennessee swills.

Real whiskey is made in Kentucky.

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Bourbon can be made anywhere in the US, just not good Bourbon!!!!


At a glance those bottles are too close. The lawsuit rpolly came after JD asked them to change the bottle and labelling and they prolly said back.

Popcorn says "fuck you"
Link Posted: 10/27/2013 4:25:59 AM EST
There's Irish Whiskey, Scottish Whisky and Kentucky Bourbon. Tennessee Whiskey is foul, nasty swill and should only be used to clean engine parts and strip paint.
Link Posted: 10/27/2013 4:39:24 AM EST
Way too close in bottle shape and general label design. How hard is it to come up with something different? Good lawsuit.
Link Posted: 10/27/2013 4:47:19 AM EST
The target audience for both products are toothless, illiterate hillbillies so I can seen how that might confuse them.


















Just kidding.
Link Posted: 10/27/2013 4:51:04 AM EST
"Popcorn Sutton Moonshine"

Lol.

Sounds like the kind of nauseating cutesy name that people who don't even drink whiskey would come up with.
Link Posted: 10/27/2013 4:56:15 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dipper:
Silly lawsuit..... I guess JD figures they own a bottle shape and some colors.

Now I have to get a bottle of Sutton's and try it.
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Coca-Cola has done the same with their trademark bottle, shape, and color scheme....

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Link Posted: 10/27/2013 4:57:18 AM EST
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Originally Posted By dangerdan:


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Originally Posted By dangerdan:
Originally Posted By glazer1972:
Who in their right mind would want to drink either of those Tennessee swills.

Real whiskey is made in Ireland.

Posted Via AR15.Com Mobile


FIFY
Never even tried Irish whikey til I was in Ireland last year.

Found out I hadn't been missing anything. Damn near spit it out.
Link Posted: 10/27/2013 4:58:50 AM EST
Originally Posted By winddummy82:
Jack Daniels claims similar looking Popcorn Sutton bottle and labeling is a trademark infringement. what say you arfcom?

http://www.wbir.com/story/news/2013/10/24/jack-daniels-trademark-owner-sues-popcorn-sutton-over-bottle-label/3179489/

The owner of the trademark for Jack Daniel's Tennessee whiskey has sued the Nashville-based distiller of Popcorn Sutton Moonshine claiming trademark infringement over use of the iconic Jack Daniel's square bottle shape and a similar black-and-white label for bottles of the moonshine.

Filed last week in U.S. District Court in Nashville by San Rafael, Calif.-based Jack Daniel's Properties, Inc., the suit names J&M Concepts LLC, and Popcorn Sutton Distilling, LLC, which operate from Nashville

http://www.gannett-cdn.com/-mm-/f46d0cb23f43464fe17c996e6a3ccf5150e5b424/c=173-0-840-502&r=x404&c=534x401/local/-/media/WBIR/WBIR/2013/10/24/1382637233000-jack-and-popcorn.jpghttp://i.huffpost.com/gen/1428381/thumbs/n-JACK-DANIELS-large570.jpg?6

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Don't by JD now, but after reading that tidbit, definitely never will again.
Link Posted: 10/27/2013 5:05:59 AM EST
Has Jack Daniels trademarked the bottle shape? Have they trademarked a black and white label?
The Bottle shape vaguely resembles Jack Daniels bottle but not close enough to be an infringement.
Labeling is way off. Different lettering, different scrollwork,. Only similarity is the colors used.

If I were Popcorn, I would happily go to court. After I won, I would trademark the bottle shape, label design to include colors, and the phrase "Tennessee White Whiskey."
Link Posted: 10/27/2013 5:06:46 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By glazer1972:
Who in their right mind would want to drink either of those Tennessee swills.

Real whiskey is made in Kentucky.

Posted Via AR15.Com Mobile
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Link Posted: 10/27/2013 5:07:02 AM EST
[Last Edit: 10/27/2013 5:07:49 AM EST by FrankDrebin]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By AllserviceBilliards:


Don't by JD now, but after reading that tidbit, definitely never will again.
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Originally Posted By AllserviceBilliards:
Originally Posted By winddummy82:
Jack Daniels claims similar looking Popcorn Sutton bottle and labeling is a trademark infringement. what say you arfcom?

http://www.wbir.com/story/news/2013/10/24/jack-daniels-trademark-owner-sues-popcorn-sutton-over-bottle-label/3179489/

The owner of the trademark for Jack Daniel's Tennessee whiskey has sued the Nashville-based distiller of Popcorn Sutton Moonshine claiming trademark infringement over use of the iconic Jack Daniel's square bottle shape and a similar black-and-white label for bottles of the moonshine.

Filed last week in U.S. District Court in Nashville by San Rafael, Calif.-based Jack Daniel's Properties, Inc., the suit names J&M Concepts LLC, and Popcorn Sutton Distilling, LLC, which operate from Nashville

http://www.gannett-cdn.com/-mm-/f46d0cb23f43464fe17c996e6a3ccf5150e5b424/c=173-0-840-502&r=x404&c=534x401/local/-/media/WBIR/WBIR/2013/10/24/1382637233000-jack-and-popcorn.jpghttp://i.huffpost.com/gen/1428381/thumbs/n-JACK-DANIELS-large570.jpg?6



Don't by JD now, but after reading that tidbit, definitely never will again.


Think of all the profits that JD wouldn't have lost anyway if you hadn't read that tidbit.
Link Posted: 10/27/2013 5:13:54 AM EST
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Originally Posted By Richard-ar15:
"Popcorn Sutton Moonshine"

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Lol.

Sounds like the kind of nauseating cutesy name that people who don't even drink whiskey would come up with.
http://en.wikipedia.org/wiki/Marvin_Sutton
Link Posted: 10/27/2013 5:23:38 AM EST
Popcorn said fuck you.
Link Posted: 10/27/2013 5:25:40 AM EST
Good sue.

Jack Daniels is a very famous brand, they will easily win this lawsuit.
Link Posted: 10/27/2013 5:51:06 AM EST
Link Posted: 10/27/2013 5:58:38 AM EST
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Originally Posted By sinsir:


Coca-Cola has done the same with their trademark bottle, shape, and color scheme....

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Originally Posted By sinsir:
Originally Posted By Dipper:
Silly lawsuit..... I guess JD figures they own a bottle shape and some colors.

Now I have to get a bottle of Sutton's and try it.


Coca-Cola has done the same with their trademark bottle, shape, and color scheme....

Posted Via AR15.Com Mobile


Bingo. You can own a bottle shape and color scheme. The most famous, perhaps, being Owens Corning's successful trademarking of the color pink for fiberglass insulation.
Link Posted: 10/27/2013 6:01:36 AM EST
I don't know...the fact it is a black bottle and moonshine weakens the argument. If it was aged whiskey in a clear bottle then I can see it.
Link Posted: 10/27/2013 6:03:28 AM EST
Trademark infringement, no. An intentional design trying to capitalize on the Jack Daniel's brand, yes. The courts will have to decide. They only thing it really says is that the people running Popcorn Sutton are desperate and pathetic.
Link Posted: 10/27/2013 6:04:39 AM EST
They have to sue about a dozen other whiskey makers too then...
Link Posted: 10/27/2013 6:08:31 AM EST
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Originally Posted By _Soggy_:
I don't know...the fact it is a black bottle and moonshine weakens the argument. If it was aged whiskey in a clear bottle then I can see it.
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What you did there, I see it.
Link Posted: 10/27/2013 6:09:20 AM EST
I don't see the problem; anyone who can't tell the difference between those two needs to quit drinking anyway.
Link Posted: 10/27/2013 6:09:27 AM EST
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Originally Posted By PinPointOne:
Popcorn said fuck you.
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Yep
Link Posted: 10/27/2013 6:15:33 AM EST
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Originally Posted By burkeva:
Complete rip off of JD's labeling.
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Not even close.
Wrong font and 93 proof is in bright red on Sutton's.
Link Posted: 10/27/2013 6:19:27 AM EST
Definitely close enough for a court to decide.

Kharn

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Link Posted: 10/27/2013 6:21:09 AM EST
[Last Edit: 10/27/2013 6:21:49 AM EST by pcsutton]
Great uncle who?
Link Posted: 10/27/2013 6:23:58 AM EST
I knew this was coming the first day the truck unloaded the new bottles. The first thing I said was that looks like a JD bottle and they will sue them. JD is very protective of their image in ALL aspects. They will win because their lawyers copyrighted, trademarked, patented and whatever else they could do to prepare for anything like this.

It was a stupid move for this brand to move away from the mason jars anyway. Popcorn, your legacy is being shit on by those you left behind.
Link Posted: 10/27/2013 6:25:15 AM EST

White Lettering with small red lettering on a black background with swirling around the edges of a similarly shaped famous bottle of whisky?

Nope....looks nothing like the original

Link Posted: 10/27/2013 6:25:47 AM EST
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Originally Posted By Deadeye675:

It was a stupid move for this brand to move away from the mason jars anyway. Popcorn, your legacy is being shit on by those you left behind.
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According to Popcorn's wife, he always dreamed of having a real bottle and not selling in gallon jugs or mason jars.
Link Posted: 10/27/2013 6:26:56 AM EST

This is faggotry.

What the fuck is wrong with people?

Link Posted: 10/27/2013 6:29:39 AM EST
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Originally Posted By hobbsar:
Has Jack Daniels trademarked the bottle shape? Have they trademarked a black and white label?
The Bottle shape vaguely resembles Jack Daniels bottle but not close enough to be an infringement.
Labeling is way off. Different lettering, different scrollwork,. Only similarity is the colors used.

If I were Popcorn, I would happily go to court. After I won, I would trademark the bottle shape, label design to include colors, and the phrase "Tennessee White Whiskey."
View Quote


being married to an intelectual property attorney i'm going with this analysis.
Link Posted: 10/27/2013 6:31:07 AM EST
How would anyone with half a brain confuse those two?

Link Posted: 10/27/2013 6:31:41 AM EST
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Originally Posted By ORMilitia:

According to Popcorn's wife, he always dreamed of having a real bottle and not selling in gallon jugs or mason jars.
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Originally Posted By ORMilitia:
Originally Posted By Deadeye675:

It was a stupid move for this brand to move away from the mason jars anyway. Popcorn, your legacy is being shit on by those you left behind.

According to Popcorn's wife, he always dreamed of having a real bottle and not selling in gallon jugs or mason jars.


Well that's stupid. I don't know if shes an idiot, or if it reallywas popcorns desire to change the packaging, either way its still stupid. Since they have changed I have seen a sharp downturn in that brands sales, compared to the other brands being offered in mason jars/clear jugs with a corked top.
Link Posted: 10/27/2013 6:33:34 AM EST


Unnecessarily close.


Link Posted: 10/27/2013 6:35:52 AM EST
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Originally Posted By glazer1972:
Who in their right mind would want to drink either of those Tennessee swills.

Real whiskey is made in Kentucky.

Posted Via AR15.Com Mobile
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I like you
Link Posted: 10/27/2013 6:37:10 AM EST
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Originally Posted By dangerdan:


FIFY
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Originally Posted By dangerdan:
Originally Posted By glazer1972:
Who in their right mind would want to drink either of those Tennessee swills.

Real whiskey is made at home.

Posted Via AR15.Com Mobile


FIFY

RFIFY

And bad sue. JD needs to get over theyself.
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