Sazerac's 'Fireball' is valid whisky trademark, US appeals court says

March 12 - A U.S. appeals court on Wednesday affirmed the validity of liquor maker Sazerac's trademark for its Fireball cinnamon whisky, rejecting a challenge from Baltimore, Maryland-based distiller Bullshine while upholding Bullshine's own "Firebull" liquor trademark.

The U.S. Court of Appeals for the Federal Circuit agreed with the U.S. Trademark Office that "Fireball" is a non-generic brand name and that Bullshine's Firebull would not cause consumer confusion with it.

Spokespeople and attorneys for the companies did not immediately respond to requests for comment on the decision.

Bullshine applied for a federal "Bullshine Firebull" trademark in 2015 covering "alcoholic beverages except beers." Louisiana-based Sazerac opposed Bullshine's application, arguing Firebull would create confusion with its Fireball whisky.

Bullshine asked the U.S. Trademark Office to cancel Sazerac's Fireball trademarks in response, arguing Fireball was a generic name for a "common alcoholic drink containing a spicy flavoring element such as cinnamon or hot sauce" to replicate Atomic Fireball candy.

The office's Trademark Trial and Appeal Board rejected both Sazerac's "Fireball" challenge and Bullshine's "Firebull" challenge. The Federal Circuit affirmed the rulings on Wednesday.

The appeals court agreed that Fireball was a protectable trademark instead of a "nondistinctive term for a specific flavor." It also upheld the office's decision that "Fireball" and "Bullshine Firebull" were not similar enough to confuse consumers.