Can Jack Daniel's really go after us over our bottle design?

Alright, so Jack Daniel’s isn’t physically hurting anyone, but they’re coming after my client. Our whiskey brand, Bangtail, is being forced to change its bottle and tweak the label.

We’re using a bottle design called the Kentucky—it has some similarities to JD, but it’s not the same. And yeah, our label uses black and white, which JD is saying we can’t use. Are they really that worried about a small brand like ours?

They’re claiming their focus groups found that 38% of people saw ‘too much similarity’ between our bottle and theirs. Honestly, that sounds like a stretch to me.

What do you think? Can they actually push us into legal trouble over this?

Not a lawyer, but check this out: Jack Daniel's Properties, Inc. v. VIP Products LLC - Wikipedia. It’s a similar case.

Hayes said:
Not a lawyer, but check this out: Jack Daniel's Properties, Inc. v. VIP Products LLC - Wikipedia. It’s a similar case.

Thanks!

Hayes said:
Not a lawyer, but check this out: Jack Daniel's Properties, Inc. v. VIP Products LLC - Wikipedia. It’s a similar case.

That case is about parody, though. We’re not doing anything like that.

I don’t see any resemblance here. I’m no expert on US law, but in the UK, this would be thrown out of court pretty fast.

Stevie said:
I don’t see any resemblance here. I’m no expert on US law, but in the UK, this would be thrown out of court pretty fast.

That’s exactly what I’m hoping for—they need to be called out on this nonsense.