Whiskey maker Jack Daniel's is taking another whiskey to court claiming the company is infringing on its trademark bottle.
Popcorn Sutton previously sold their white whiskey in Mason jars, but recently switched to square-shaped bottling.
However, the Lynchburg distiller says moonshiner Popcorn Sutton bottle is similar enough to sue to protect its trademark.
Ted Robinson, who owns Murfreesboro Wine and Spirits, noticed the similarities before, but pointed out to Nashville's News 2 the Jack Daniel's bottle is clear and Popcorn Suttons bottle is black.
"The bottle is a little bit taller, it doesn't have the same ribbing along the top and bottom of it, and different color," said Robinson.
Jack Daniel's is known for defending its trademarked look. Just last year, the whiskey company sent a cease and desist order to an author whose book cover was almost identical to the whisky label.
"They're probably doing this to try and stave off the little guys taking some shots at them and trying to jump on their coat tails," said Robinson
There's no question the bottle's are similar, the question is, are they similar enough to confuse consumers?
Javier Guitierrez gazed at both of the whiskey bottles for quite a while before figuring it out.
"I actually thought it was a brand, like something related to Jack Daniel's. I actually thought it was," said Guitierrez, adding, "I can see why they would want to defend what they've got invested in that. I mean, that's one of the most popular labels in the world."
Jack Daniel's and Popcorn Sutton will head to court in Murfreesboro in the near future.
Thursday, August 28 2014 3:28 PM EDT2014-08-28 19:28:07 GMT
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