UKIPO Confirms That Beer Is Not In Fact Vodka In Trademark Opposition Dispute

Nearly two years ago, we wrote about a trademark opposition conflict in the UK between macro-distillery Campari and a tiny, one-man beer brewery operation called Dark Sky Brewery. Steve White, the owner/operator for Dark Sky Brewery, filed to trademark the name of his business. On the very last possible day of the objection window, Campari filed an objection to the application, claiming that the name of the brewery was too close to the name of one of its well known brands, Skyy Vodka.

Now, as I stated in the original post, we could have a long discussion about just how similar the two names are and how comparable the branding for both entities are. We could then go into an analysis as to whether the public, even those who are morons that are late for wherever they're supposed to be, would be confused by any of this. But the main objection I raised was one simple fact: beer is not vodka. And I can assure you, I have done extensive research on this matter, so I know what I'm talking about.

As does the UKIPO, it seems, which has found in favor of Dark Sky Brewery. The IPO's main reasoning appears to have been that beer is in fact not vodka.

There may be some degree of competition between the goods but given the differences between them, I do not consider that the competitive choice between beer and vodka is commonly made," wrote IPO registrar S Wilson.

Wilson added: I have no evidence before me to suggest that the producers of these goods are likely to coincide, nor do I consider it likely. In licensed premises, spirits are typically displayed in bottles behind a bar, whilst beer would be on taps at the front of the bar or in fridges."

Far too often in trademark conflicts across the alcohol industries, which really are more separate than aligned, all the different product sets get conflated. Wine conflicts with beer-makers, spirits with wineries, etc. It's nice to see the IPO get this one right. It's also notable that the UK's trademark law has separate classes for beer and for wine/spirts, which makes you wonder why this opposition was brought in the first place.

But just to put a bow on this one, the IPO also did look to the branding and marketing for each entity and found that to be lacking in concern as well.

Wilson said the two brands' logos were similar to only a low degree" and added: Bearing in mind the visual differences between the marks, and the predominantly visual purchasing process, I do not consider that the marks are likely to be mistakenly recalled or misremembered as each other.

I do not consider that the common element, being the word sky, is so strikingly distinctive that the average consumer would expect only one undertaking to be using it."

As a result, Dark Sky Brewery will both get its trademark for its business as well as compensation from Campari for White's legal costs. Wight represented himself in the matter, so this would be more for his time than anything else, but it's still the right outcome.

We will have to see if the lesson takes, however, and Campari now operates having been informed that beer is not vodka.