Brown-Forman argued the packaging was too similar to its Jack Daniels

Brown-Forman argued the packaging was too similar to its Jack Daniel's

Whiskey producer Popcorn Sutton has agreed to change the packaging for its namesake brand after striking a deal with Brown-Forman, following legal action from the Jack Daniel's firm. 

Brown-Forman argued in a lawsuit last year that the packaging for Popcorn Sutton's Tennessee White Whiskey was “confusingly similar” to that of Jack Daniel's. However, the two parties have agreed a settlement that will see the smaller producer change its packaging, according to Brown-Forman.

Todd Campell, a US District Judge, granted a joint motion for dismissal of the lawsuit, the website Law360 reported yesterday (5 May).  

In a statement to just-drinks today (6 May), a Brown-Forman spokesperson said: “Brown-Forman and Jack Daniel's Properties are pleased that an amicable settlement was reached and that Popcorn Sutton has agreed to change to a new bottle.

“The agreement calls for Popcorn Sutton to stop using the offending packaging by July 1, but consumers may see this existing packaging for a while as it sells through the retail trade before being replaced by the new bottle.”

The spokesperson declined to say whether there was any financial element to the settlement. 

Popcorn Sutton has yet to respond to a request for comment. The company's whiskey is named after Appalachian moonshine producer Marvin 'Popcorn' Sutton. He committed suicide in 2009.