UK Trademark Battle Over The Number 3

from the once,-twice,-trademark-times-a-lady dept

Anyone reading this site will know by now that the alcohol business has a trademark problem. As a quick refresher, what used to be an industry largely dominated by massive macro-companies has since evolved into one of small players, with craft breweries and distilleries exploding in popularity. With the increased amount of brands and inventory on the market, so too has the practice of creatively named brands come into vogue. And with that has come the trademark squabbles. Examples of the trademark disputes centered around these creative names for brands will include a beer called 'Strikes Bock', a brew entitled 'Mus Knuckle', and a brewery called 'Innovation Brewing'.

Also, the incredibly creative brand 'No. 3', because this is trademark we're talking about and why the hell not?

Australian importer Savant Spirits has received a cease and desist letter from Berry Bros. & Rudd over an alleged trademark infringement of the ‘No.3’ marque. The UK based drinks company produces and markets No.3 London Dry Gin and holds a Class 33 ‘gin’ international trademark registration for ‘No.3′.

Savant Spirits started importing Zuidam Distilleries’ Flying Dutchman No.3 rum into the Australian market in February 2016. Savant Spirits director Ben Luzz told The Spirits Business he was “shocked” to receive the cease and desist letter shortly after imports began.
Mark it down, because this is the day when a trademark dispute began over the number three, and if that isn't a sign of the apocalypse than I don't know what is. Keep in mind that trademark law is chiefly designed to avoid customer confusion when buying goods and services by allowing brands to serve as an identifier for their source. Who in the world is going to walk into a liquor store and mistake these two bottles for having come from the same source simply because both are branded with "No. 3?"


No moron is in enough of a hurry to make any mistake here. And I'm struggling to think of how anyone could possibly associate a common number with a specific company or brand. As always, the ultimate source of this misery is the office that approved this ludicrous trademark for a common integer. Which isn't to say that Berry Bros. & Rudd ought be left off the hook for its bullying tactics.

“It is despicable that the big boys at BB&R are taking such an aggressive stance against us and positively ludicrous that they would think consumers would confuse the two products,” said Patrick van Zuidam, master distiller at Zuidam Distillery.
It doesn't matter, friend. This is what trademark has become.

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Filed Under: 3, trademark, uk
Companies: berry bros. & rudd, savant spirits


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  • identicon
    Anonymous Coward, 14 Apr 2016 @ 11:32pm

    It could be a series with No.3 Rowdy Ruskie next.

    link to this | view in chronology ]

  • icon
    klaus (profile), 15 Apr 2016 @ 12:00am

    "Who in the world is going to walk into a liquor store and mistake these two bottles for having come from the same source..."

    In the remote chance someone did, would anyone care?

    link to this | view in chronology ]

    • identicon
      David, 15 Apr 2016 @ 12:18am

      Re:

      Of course. The lawyers would: he'd be an important witness or expert or whatever.

      link to this | view in chronology ]

  • identicon
    David, 15 Apr 2016 @ 12:34am

    Good thing it wasn't No 5

    or Chanel would have had a word, too.

    Just imagine the hubbub if it were 4711.

    link to this | view in chronology ]

  • identicon
    Anonymous Howard, 15 Apr 2016 @ 1:56am

    I'm so confused!

    There's a mobile network in the UK called 3. These beverages are from the network, right?

    link to this | view in chronology ]

  • identicon
    Aliester Cooley, 15 Apr 2016 @ 2:08am

    Typical. Only in

    Britain!

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Apr 2016 @ 4:52am

    Can I patent the numbers 0 & 1?

    link to this | view in chronology ]

  • icon
    Not an Electronic Rodent (profile), 15 Apr 2016 @ 5:26am

    What the (*&%*&%$*&%(*^^)%$%$!!!!!

    Not sure how the hell you get a trademark on "No.3" when Pimms No.3 has been around on and off since about 1851.... Trademark law is dumb.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Apr 2016 @ 5:49am

    Reading the headline i thought it was going to involve the mobile operator '3'

    link to this | view in chronology ]

  • identicon
    Brazilian Guy, 15 Apr 2016 @ 5:59am

    What you guys aren't realizing is that there's a new, more rigorous standard for Trademarks brewing here. The "Drunk Moron in a Hurry" test.

    link to this | view in chronology ]

    • identicon
      Brazilian Guy, 15 Apr 2016 @ 6:01am

      Re:

      And they even seem to be testing it at the Trademark Registration Office.

      link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Apr 2016 @ 6:07am

    Once they realize how many other liquor bottles have red or black labels, Johnny Walker is going to make a fortune...

    link to this | view in chronology ]

  • icon
    Jeffrey Nonken (profile), 15 Apr 2016 @ 8:25am

    As a certified Moron in a Hurry, I can tell these bottles apart. Now shut up, because after drinking all that wine I really gotta go!

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Apr 2016 @ 9:14am

    Rolling Rock, your next!

    I gotta get a 33, baby. I mean, uhh, what's it called now?

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Apr 2016 @ 12:03pm

    "You are Number Six!"

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Apr 2016 @ 1:21pm

    Personally, I felt that both of these made terrible perfumes to give to my girlfriend.

    link to this | view in chronology ]

  • icon
    nasch (profile), 15 Apr 2016 @ 2:17pm

    Who in the world is going to walk into a liquor store and mistake these two bottles for having come from the same source simply because both are branded with "No. 3?"

    I doubt the standard is limited only to looking at the products side by side. If I had some No. 3 something or other a few months ago and liked it, I could easily see picking up this other bottle that says No. 3 and thinking it's from the same company. The "No." part even looks the same. I don't think this is nearly as ridiculous as you make out. I'm not saying it's a slam dunk or anything, but it seems non-stupid for a court to decide.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Apr 2016 @ 4:39pm

    - How many do you see?
    - Three!
    . Okay, prepared to be sued.

    link to this | view in chronology ]


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