Whiskey suit

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JamesVincent
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Whiskey suit

Post by JamesVincent »

In other news today Jack Daniel's has filed a lawsuit against another whiskey distillery for making a product that sorta resembles the classic Jack Daniel's bottle and label.

http://news.yahoo.com/blogs/sideshow/ja ... 41415.html
On Friday, Jack Daniel's filed legal actions against Popcorn Sutton’s Tennessee White Whiskey. The owner of the Jack Daniel's trademark (Brown-Forman Corp.) said the square bottle and lettering on the Popcorn Sutton bottle is "confusingly similar" to that of the larger brand’s familiar logo.
I don't know about this one, seems to be pretty far reaching. I see very few similarities between the two.

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notorial dissent
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Re: Whiskey suit

Post by notorial dissent »

I think JD's attorneys have been sampling a bit too much of the product to my way of thinking.

JD's is a clear bottle PS's is not, the labels do not look similar at casual or second glance, I can't tell about the top seal, but it doesn't look similar, and yes the bottles are similar, but on that so what, there are probably a lot of squared bottles. Other than that, not so much.

So are JD's lawyers saying that their customers are so oblivious and unconcerned that they'll pick up any squared bottle.I don't think I would want to make that argument if court if I was trying to defend against infringement.
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AndyK
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Re: Whiskey suit

Post by AndyK »

If it were any of the "well" or "house" bourbons bringing the suit, I could understand -- the consumers of thos bottom-of-the-price-line brands are fairly likely to mistake one label for another.

However, Jack is one of the top-shelf brands. Perhaps it's not the pinnacle of properly aged sour mash, but it's well up there.

Those who partake regularly of Jack probably have better eyesight and more discernment and are MUCH less likely to confuse one black-labeled square bottle for another -- especially since the prices are probably significantly different.

In any case, all hail Jack, Jim, George, and all of their compatriots and competitors.
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