By Amy Hopkins | The Spirits Business
Sazerac has launched legal action against a North Carolina brewery, accusing the firm of “exploiting” the trademark of its Fireball Cinnamon Whisky brand.
As reported by Law360, Sazerac filed a complaint last week against Stout Brewing Company and its Fire Flask malt liquor.
The US spirits producer, owner of the Buffalo Trace Distillery, said the packaging and name of Fire Flask was “confusing similar” to Fireball, and was designed to “trade on the longstanding goodwill” of the popular whisky liqueur brand.
Fire Flask, which launched this summer, features a “similar” horned demon figure on its label, the lawsuit claims, and also uses the same colour scheme and red bottle caps.
Rose Law Group Attorney Evan Bolick commented that, “It pays to be vigilant in safeguarding your businesses’ trademarks. The claim here seems pretty strong based on a similar logo, color scheme (i.e., trade dress) and even a similar market. Although there is undoubtedly a long road ahead, this action appears to have been filed wisely.”
To further discuss trademark issues Evan Bolick can be reached at ebolick@roselawgroup.com
