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 Suit Malt Liquor.jpg
Fireball Sued Over this Malt Liquor Trade Dress

So, what do you think?

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