That picture pretty much sums up the gist of this complaint that Sazerac has filed against Caribbean Distillers (makers of Sonavavitch vodka (you’re reading that right)) for a product they are be planning on making… that’s right, it doesn’t exist yet. But that’s not stopping the good folks who make Fireball from protecting their market share – estimated at over 7.57% (that’s a billion dollar brand, btw)
Here’s what’s at issue: The money – that’s right, what more reason do you need.
- The alleged similarities – “As with Sazerac’s Fireball cinnamon whisky, Mad hen is”:
- Brown in color
- Cinnamon flavored;
- Marketed in clear bottle of flask shape;
- Label has same size and color combination as Fireball (orange-yellow, red and black
- Label is “darkened along its edges, thus conveying a ‘charred’ or ‘burnt’ feel
- Label contains fire imagery and features a nearly identical shape aln layout (brand name, font logo, orientation)
- Red cap
Sazerac is vigorous in protecting this trade dress, from pursuing those using infringing Google AdWords to protecting against trade dress similarities – (and the competition is out there with similar designs – even one against a brewer that made a malt liquor):
Fireball Sued Over this Malt Liquor Trade Dress
So, what do you think?