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Jack Daniels sues makers of Popcorn Sutton white whiskey


clearwaterbrewer

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This bothers me not one bit. Brown Forman got as big as they are on account of good product, hard work, and good marketing. Why should they take this laying down? Goliath vs David, please. There is more craft in JD than ever will be in most craft distilleries.

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"On Nov. 9, 2010, Hank Williams, Jr. announced his partnership with J&M Concepts LLC and widow Pam Sutton to distill and distribute a brand of whiskey named after Sutton that was asserted to follow his legacy"

​I guess copying someone else helped Hank Jr get his singing career started and now he is just trying to do the same thing with his liquor business.

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  • 2 weeks later...

I am no lawyer (thank god) but those look different enough that I would not be at all confused.

If they were completely different products (say Popcorn Sutton was vinegar) then I think you'd be right.

Copyright infringement hinges on "likelihood of consumer confusion." When the two products are direct competitors, the court applies a tougher standard. Actual proof of confusion is not necessary. You need to show that it's "reasonable" to expect that consumers might be think the two products share the same parent company. Few people have lost money betting against the intelligence of American consumers. . .

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