On the Jack Daniel’s Label, various fonts are used for different parts. Notably, the specific font is called by some font sites “the Jack Daniel’s font.” One site notes: Sutton has used similar lettering, though this lettering is reflective of the signs from the eighteenth century. Jack Daniel’s insists that people will be confused by the products and they do have strong similarities.

I must confess a family interest because I have moonshiners on both sides of my family - both the Irish and Italian sides. I have previously read about Sutton who took his own life in 2009 rather than go to prison for making white lightning. The moonshiner wrote a paperback called “Me and My Likker” and recorded videos on how to make moonshine. Marvin “Popcorn” Sutton would not have stood for such muscle play.

Ironically, I sometimes buy moonshine for a cocktail that I make called “The Big Daddy.” Various moonshine products are sold in mason jars but there is not a claim of copyright or trademark violations. The small distillery used to seal their product in mason jars. Plenty of products are sold in similarly shaping containers. However, there are only a few basic bottle shapes as a practical matter for selling and shipping such products. In this case, the company appears to be claiming the right to a bottle shape. Common phrases and symbols are being snatched up as Congress and the Obama Administration continue to yield to every demand for higher levels of penalties and prosecutions. My opposition to the ever-expanding trademark and copyright laws is well known. The objection is that the white whiskey named for a famed Appalachian moonshiner is using a square-shaped bottling with similar labeling that looks like the square-shaped bottle of Jack Daniel’s. In this case, it is Jack Daniel’s Tennessee whiskey that is going after the small distiller of Popcorn Sutton’s Tennessee White Whiskey. We have another trademark fight where a major company demands the sole right to a common feature or phrase or lettering.

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