Battle of the Bottles: Jack Daniel’s Brings Trademark and Trade Dress Infringement Suit Against Texas Distilleries

Jack Daniel’s is fighting hard to protect its iconic, all-American image against purported copycats. The famous Tennessee whiskey brand filed a lengthy complaint against Dynasty Spirits (“Dynasty”) and Buffalo Bayou Distilleries (“Buffalo Bayou”), two Texas distilleries, alleging trademark and trade dress infringement and dilution. Dynasty is responsible for the distilling and marketing of the accused whiskey, and Buffalo Bayou is responsible for the product’s labeling, packaging, and shipping. At the center of Jack Daniel’s complaint is Dynasty’s bottle design, which Jack Daniel’s claims illegally replicates its own square bottle with angled shoulders, beveled corners, and ribbed neck. Dynasty’s bottle is also labeled with arguably similar black-and-white color scheme, arched lettering, and script font. Jack Daniel’s asserts that the accused whiskey creates a similar impression in the marketplace to Jack…

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