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

Bottles of Popcorn Sutton’s Tennessee White Whiskey and Jack Daniel’s Tennessee whiskey sit side by side at a Louisville, Ky., liquor store. The owner of the Jack Daniel’s trademark has filed a federal lawsuit claiming the shape of the Popcorn Sutton bottle amounts to a trademark infringement because it so closely resembles the Jack Daniel’s bottle. (AP Photo/Bruce Schreiner.)

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.