Oct 28, 2013 02:34 PM EDT By Jaleesa Baulkman, UniversityHerald Reporter

One of the highest-selling American Whiskey in the world is locked in a trademark infringement battle with a small distillery.

Jack Daniel's Tennessee Whiskey accused upstart distiller Popcorn Sutton of ripping off its signature square-shaped bottle and labeling.

Popcorn Sutton, a white whiskey named for an Appalachian moonshiner, was first sold in Mason jars but recently switched to square-shaped bottling. The move prompted the owner of Jack Daniel's trademark to sue the Nashville, Tennessee-based distiller of Popcorn Sutton's Tennessee white whiskey.

The suit was filed by California-based Jack Daniel's Properties Inc. and seeks damages and an injunction to stop Popcorn Sutton from using the similar bottle.

"Defendants' use of the new Popcorn Sutton's trade dress in connection with their Tennessee white whiskey is likely to cause purchasers and prospective purchasers of the product to believe mistakenly that it is a new Tennessee white whiskey product in the Jack Daniel's line," the lawsuit said.

Both bottles are square-shaped with angled shoulders and beveled corners, with white-on-black labeling color schemes, the lawsuit said. The lawsuit also said that even the font style of the Popcorn Sutton labeling is reminiscent of the Jack Daniel's label.

According to the lawsuit, Jack Daniel's wants the Popcorn Sutton bottle removed from the market. The new packaging hit the shelves in either late 2012 or early 2013.

The lawsuit seeks an injunction to stop the defendants from using their current bottle. It also asks for unspecified damages.

For Jack Daniel's, it's the latest round of legal fighting in its vigilance to protect its trademark, its parent company said.

"We've taken action against many individuals and companies all over the world for infringing in the Jack Daniel's trademark," Brown-Forman spokesman Phil Lynch told Fox News. "We are vigorous in our defense of all our trademarks, and especially Jack Daniel's."

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