Beverage company Jack Daniels filed a complaint against cider company Atomic Dog LLC, alleging the defendant committed trademark infringement, unfair competition, and unjust enrichment.
The trademark infringement in question is over the defendant’s product line of “JACK’S HARD CIDER.” According to the complaint, the “JACK’S” portion of the name of the defendant’s product causes consumer confusion; Jack Daniels says that some may believe the defendant’s cider product is from Jack Daniels.
The complaint references a settlement agreement from 2013 between the parties, under which the defendant may use the “JACK” name in proximity to a picture of Jack Hauser, an individual with a connection to the defendant’s company, and the “HAUSER ESTATE” trademark. However, the complaint alleges that the defendant has not complied with the 2013 settlement agreement.
The plaintiff seeks the following for relief: an order blocking the defendant from the manufacture, marketing, and sale of “JACK’S HARD CIDER” products, an order enjoining the defendant to deliver all promotional materials for “JACK’S HARD CIDER” to the court for destruction, and an award of monetary, treble, and punitive damages incurred.