BrewDog's 'Elvis Juice' Now An Approved Trademark In The UK, But Not the EU

from the ain't-nothin'-but-a-brewdog dept

You will hopefully recall that a few years back we discussed a trademark dispute between BrewDog, a UK-based brewery, and the Elvis Presley estate. At issue was BrewDog's grapefruit IPA dubbed "Elvis Juice" and the trademark application BrewDog had filed for it. Somehow, on first review, the UK IPO managed to side with the Presley estate, despite the fact that Elvis is a common first name, that the trade dress for the brew had nothing to do with Elvis Presley, and that this was all occurring in a country where Elvis Presley might not even be the most famous singing Elvis on the market. Fortunately, BrewDog appealed and won, so Elvis Juice is a registered trademark in the UK.

But not the European Union. Side note: did you guys know that the UK stupidly got out of the EU? Crazy! Anywho, BrewDog also had an application to trademark Elvis Juice in the EU. The Elvis Presley estate also opposed that trademark. And, this time, the Presley estate won.

The craft brewing company, based in Ellon, had won the right to register the brand as a trademark in the UK in 2018. However, they have been denied exclusive rights to the name in Europe – potentially threatening sales on the continent.

Unlike its UK counterpart, the EU bought the Presley estate's line that throughout Europe people buying an IPA called Elvis Juice would somehow think it was associated with a crooner from the American 50s as opposed to, say, Elvis Costello. Or the two Elvises that legally changed their name to Elvis that also own BrewDog. How that makes any sense, or how anyone is making this connection in, for instance, Spain is beyond me.

In the case documents, the EU Intellectual Property Office ruled: “It is clear that the applicant’s submission based on the peaceful coexistence of the marks cannot succeed. No evidence actually demonstrating such peaceful existence on the pertinent market has been shown. In short…there exists a likelihood of confusion… A likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.”

I mean, if this were two years ago, when the UK IPO decision came down, the UK would have been part of that pertinent market. And that should have been all that was needed to side with BrewDog. This, somehow, went the other way.

And, as a result, it's an open question as to whether BrewDog will keep its Elvis Juice branding as a whole, given the EU decision. Meanwhile, the EU IPO also ordered the brewery to pay the Presley estate costs.

Filed Under: elvis juice, elvis presley, eu, trademark, uk
Companies: brewdog

BrewDog Beats Back Trademark Action From The Elvis Presley Estate

from the the-juice-is-loose dept

In the middle of summer last year, we discussed a somewhat strange trademark fight between BrewDog, a Scottish Brewery that has been featured in our pages for less than stellar reasons, and the Elvis Presley Estate. At issue was BrewDog's attempt to trademark the name of one of its beers, a grapefruit IPA called "Elvis Juice." With no other explanation beyond essentially claiming that any use of Elvis everywhere will only be associated in the public's mind as being affiliated by the 1950s rock legend, the Estate opposed the trademark application. Initially, the UK Intellectual Property Office sided with the Estate, despite the owners of BrewDog both pointing out that they were simply using a common first name and that they were actually taking the legal course of changing their first names to Elvis to prove their point. Not to mention that the trade dress for the beer has absolutely nothing to do with Elvis Presley. We wondered, and hoped, at the time if BrewDog would appeal the decision.

Well, it did, and it has won, which means Elvis Juice is free to exist and the order that BrewDog pay the Elvis Estate costs for its opposition be vacated.

Now, after a three-year battle the firm has overturned a ruling banning them from using the name and and order to pay Presley's estate £1,500 in costs has been scrapped. The ruling means BrewDog will no longer have to change the name or apply to the Elvis estate for official permission to use it.

It's the right end-state for all of this, but you have to wonder why it took an appeal process to get here. Again, you can see the trade dress for the beer in our original post and you will see that there is absolutely nothing in the way of a call-back to Elvis Presley. In other words, the opposition from the Estate rested solely on the claim that virtually any use of a common first name would be associated with the long-dead Elvis Presley. Arguably, Presley may not even by the first singer to leap to mind in the European market, where Elvis Costello is still, you know, alive. This whole thing smacked of pure audacity on the part of the Estate.

But let's remember that BrewDog has had to deal with this mess for the better part of a year. To those that would claim that trademark bullying isn't all that big a problem, tell that to the two Elvises (Elvisi?) that own BrewDog.

Filed Under: elvis juice, elvis presley, trademark
Companies: brewdog, elvis presley estate