The David and Goliath battle of the Whisky world has been settled this week, concluding with McEwan’s Lager being unsuccessful in their attempt to block Mr. McEwan’s trademark application.
After the beer industry giant threatened his self-titled business by attempting to stop him naming his Scotch after himself, McEwan took the Lager company to court to save his business and his name.Jim McEwan, a master whiskey distiller, is among the world’s best-known figures and has spent 53 years working in the industry. He owns a self-titled business on the Isle of Islay and has won numerous awards for his Whisky. However, Brewer Charles Wells, which owns the McEwan’s range of Scots beers, objected to Mr. McEwan registering his own name as a trademark; the brand’s trademark agents said the application overlapped with their registered trademark “McEwan’s” and people could confuse the two businesses.
The UK Intellectual Property Office (IPO), which rules on trademark disputes, has found in Mr McEwan’s favour after rejecting suggestions the two brands were likely to be mistaken for each other.
In a written ruling, trademark hearing officer George Salthouse said: “The average consumer is well versed in discriminating between individual’s names, particularly a surname and a forename and surname.
“I accept the mark in suit may bring the opponent’s mark to mind, but I do not believe it will form a link that would affect the consumers’ economic behavior or damage the opponents’ mark by tarnishing or blurring.”