Fireball Whisky owner, North Carolina brewer resolve trademark d - WDRB 41 Louisville News

Fireball Whisky owner, North Carolina brewer resolve trademark dispute

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LOUISVILLE, Ky. (WDRB) – An established spirits maker and a start-up beer brewer have resolved a trademark dispute.

The Sazerac Company Inc. and Stout Brewing Co. agreed Sept. 24 to dismiss a lawsuit brought by Sazerac in August over the design of Stout’s Fire Flask malt specialty beer. Sazerac claimed Stout’s packaging and graphics infringed on its trademark for Fireball Cinnamon Whisky.

As part of the agreement, Stout said it would “cease selling the product with the infringing label and redesigned their label for the product,” said Vincent Badolato, a Washington, D.C., attorney for Sazerac. A lawyer for Stout did not return a phone call seeking comment.

Sazerac, of Metairie, La., bottles Fireball at Owensboro’s Glenmore Distillery. It filed the lawsuit in U.S. District Court in Louisville after sending Stout, based in suburban Charlotte, N.C., a cease-and-desist letter in July, according to court documents.

Sazerac alleged that Stout’s beer label and design were “confusingly similar” to Fireball’s packaging.

At the time the lawsuit was filed, both bottles were red-capped and had devil-like creatures on the center of their labels.

Stout has since changed its label for Fire Flask, according to the company’s website. It now appears to have a black cap and black label, with the words “Fire Flask” inside a white diamond border.

Both sides agreed to pay their own court costs, according to court documents.

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