Popcorn Sutton: Jack Daniels Files Suit Against Popcorn Sutton for Infringment

By Jack Phillips
Jack Phillips
Jack Phillips
Breaking News Reporter
Jack Phillips is a breaking news reporter at The Epoch Times based in New York.
October 28, 2013 Updated: July 18, 2015

A Popcorn Sutton lawsuit was filed by Jack Daniels in recent days over its use of a similar black-label, square bottle. Jack Daniels wants the Popcorn Sutton whiskey, bottled in Tennessee, to be taken off the market.

The owner of the Jack Daniels trademark filed a lawsuit in Nashville against J&M Concepts LLC, and Popcorn Sutton Distilling, LLC, reported the Tennessean publication.

“This is an action to redress defendants’ infringement [of] … federally- registered trademarks,” reads the complaint filed by Jack Daniels.

It added that “defendants’ unfair competition” is 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.”

Popcorn Sutton claims to carry on the tradition by moonshine-maker Marvin “Popcorn” Sutton, who recorded videos that have since been uploaded to YouTube on how to make moonshine. He also wrote a book, “Me and My Likker.”

Sutton committed suicide in 2009 rather than go to prison for making moonshine, which is illegal.

“Defendants’ 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,” says the lawsuit, according to The Associated Press.

The suit also said that Jack Daniels is producing a moonshine-style whiskey with square bottles and its label.

Jack Phillips
Breaking News Reporter
Jack Phillips is a breaking news reporter at The Epoch Times based in New York.