Brown-Forman is seeking to get the bottle removed from the market

Brown-Forman is seeking to get the bottle removed from the market

Brown-Forman has launched a lawsuit against a Tennessee-based drinks firm over claims that consumers will confuse its white whiskey with Jack Daniel's

The lawsuit, seen by just-drinks, argues that the square bottle and labelling for Popcorn Sutton's Tennessee White Whiskey is “confusingly similar” to that of Brown-Forman's Jack Daniel's brand. The claimant, Jack Daniel’s Properties Inc, a Brown-Forman subsidiary, wants the bottle removed from the market. 

“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,” the lawsuit states.

J&M Concepts, one of the defendants named in the lawsuit, has yet to respond to a request for comment from just-drinks. 

Popcorn Sutton's whiskey is named after fabled Appalachian moonshine producer Marvin 'Popcorn' Sutton. He committed suicide in 2009, the lawsuit says.