Smoky Mountain Brewery Sues Smoky Mountain Distillery

An East Tennessee moonshine maker is facing a legal fight, but words — not whiskey — are the source of the trouble.
Last month, The Copper Cellar Corp. filed a lawsuit in U.S. District Court against Ole Smoky Distillery, the Gatlinburg, Tenn.-based maker of Ole Smoky moonshine.
The suit alleged that the moonshine maker’s trademarks, including Ole Smoky and Smoky Mountain Distillery, are confusingly similar to Copper Cellar’s Smoky Mountain Brewery trademarks. Copper Cellar’s portfolio includes four restaurants with the Smoky Mountain Brewery name.
The lawsuit alleged that Copper Cellar has used that name since 1996 and that one of the restaurant’s most popular menu items has been the Ole Smoky Burger.
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