News Briefs for October 28, 2013
October 28, 2013•Brown-Forman is suing moonshine brand Popcorn Sutton over what it claims is very similar packaging to that of Jack Daniel’s Old No. 7. In the lawsuit, Brown-Forman’s Jack Daniel’s Properties unit asserts that Popcorn Sutton’s 2012 redesign of its bottle—resulting in a square shape with rounded corners, white-on-black labeling and a raised signature—infringes on Jack Daniel’s own trade dress. B-F is asking the U.S. District Court for the Middle District of Tennessee to order that Popcorn Sutton cease using the packaging in question as well as all promotional materials of similar design.
•Vermont’s Woodchuck Hard Cider has released the latest entry in its limited edition Cellar Series, Woodchuck Cellar Series Smoked Apple. Created in partnership with smoked meat company Vermont Smoke and Cure, Smoked Apple is made with apple pomace (the leftovers that remain after apples have been ground up and pressed), which is then smoked using maple and applewood chips and infused into a small-batch, fermented cider. Priced at $4.99 a 22-ounce bottle, the 6.5%-abv offering will be available nationwide through December. Smoked Apple is the second expression in Woodchuck’s Cellar Series, which made its debut in late August with the launch of Dry Hop cider.
•The U.S. Bankruptcy Court in Wilmington, Delaware, has set November 19 for the formal auctioning of Fresh & Easy, the troubled U.S. grocery chain launched by the U.K.’s Tesco. Ron Burkle’s Yucaipa Cos., the lead bidder, will be loaned approximately $126.5 million by Tesco to fund its expected acquisition. Under that proposed agreement, if Yucaipa is successful, Tesco will be offered a 22.5% interest in the reorganized Fresh & Easy. Other potential bidders must submit bids by November 15, with the eventual acquirer to be named November 21.
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