In a notable victory for small businesses, the UK Intellectual Property Office (IPO) has ruled in favour of Dark Sky Brewery in a trade mark dispute with Campari Group. The decision requires Campari to cover legal costs and compensate Dark Sky Brewery for the time invested in the case.
The dispute began when Steve White, founder of Dark Sky Brewery, applied for trade mark rights in 2022. The application covered goods and services including beer mats, glasses, jugs, retail services, and future beers. Campari Group opposed the application, arguing that the Dark Sky Brewery name was too similar to its Skyy vodka brand and could lead to consumer confusion.
Campari contended that its Skyy vodka, sold on UK retail websites like Waitrose and Asda under the “beer, wine, and spirits” category, could be mistaken for Dark Sky Brewery’s products.
However, IPO registrar S. Wilson disagreed with Campari’s arguments. “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,” Wilson wrote. He noted that the logos of the two brands were only similar to a “low degree,” and that the visual purchasing process would likely prevent any confusion between the marks.
Wilson further stated, “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.” He also pointed out that spirits and beer are typically displayed differently in licensed premises, reducing the likelihood of confusion.
As a result of the ruling, Campari has been ordered to pay White’s legal costs and time spent on the case, estimated at around £1000, as White represented himself.
Campari acquired the Skyy vodka brand in 2009 from its original founder, Maurice Kanbar’s Skyy Spirits, which was established in 1992.
This case underscores the importance of careful consideration and clear differentiation in branding, even for well-established companies, to avoid conflicts and potential legal battles.
Looking for IP or Trade Mark Protection for Your Brand?
If you wish to gain exclusive rights to your business name, logo, tag line or design within the UK or globally, National Business Register Group (NBR) has been assisting businesses with trademarks and brand protection since 1984. Contact NBR on Info@nbrg.co.uk or by calling 0800 069 9090.
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If you want more information about how to protect your business name in the UK without registering a trade mark, contact us at Start.Biz where we will be able to assist with business name protection. Start.Biz is a subsidiary of NBR, please email Info@Start.Biz or call 0800 069 9090.
