Tridents down in devil whisky settlement
A US whisky maker has settled a trademark infringement dispute with a rival over devil-themed packaging which it claimed was too similar to that on its own liquor bottles.
Sazerac has agreed to drop its claim against Stout Brewing Company, which it accused of trademark and trade dress infringement.
In a lawsuit filed last month at the US District Court for the Western District of Kentucky, Louisville Division, Louisiana-based Sazerac said the packaging on and name of the Fire Flask beer was too similar to its Fireball Cinnamon Whisky.
The Fireball Cinnamon Whisky’s label features a red dragon-like creature, while Fire Flask, which was launched this summer by Stout Brewing Company, displays a glaring red devil in front of two pitchforks.
But according to reports, Sazerac has dropped the lawsuit and both parties have agreed to cover their own legal fees and court costs.
Stout Brewing Company has agreed to redesign its label and stop selling products with too similar labels after acknowledging Sazerac’s rights to the Fireball trademark and trade dress.
In its complaint, filed on August 14, Sazerac said that more than fourteen years after it first sold Fireball Cinnamon Whisky the defendant introduced an alcoholic malt beverage “designed to compete” with Sazerac’s product.
It added: “Defendant chose its Fire Flask mark and packaging to exploit and trade on the longstanding goodwill, reputation, and success of Sazerac’s Fireball product and to create a likelihood of consumer confusion in the marketplace.”
