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Scottish comedians Greg Hemphill and Ford Kiernan have won a trademark dispute against US giants Jack Daniels over the name of their whisky. Still Game Win Trademark Battle
This article will explore how “Jack and Victor” beat the world’s most valuable spirit company.
About Jack and Victor
Still Game Win Trademark Battle
Greg Hemphill and Ford Kiernan are Scottish comedians who are most well known for creating and starring in the BBC Scotland comedy, Still Game.
Still Game aired 9 seasons between 2002-2019 with 62 total episodes.
The program had great success, with one episode of the series having 1,373,000 viewers-just under a quarter of Scotland’s population, making it the most watched TV programme in Scotland that year.
In 2021 Hemphill and Kiernan created a blended scotch whisky, Jack and Victor, named after their characters in their show.
The whisky has a retail price of £35 and is produced by Loch Lomond Distillery in Alexandria, Scotland.
About Jack Daniels
Jack Daniels is a brand of Tennessee whiskey produced by the Jack Daniels Distillery in Lynchburg, Tennessee.
Jack Daniels was founded in 1875 and is now the second best selling whiskey in the world, after Jim Beam.
Part of Jack Daniels signature look is their black labels on their bottles, being instantly recognisable around the world.
Jack Daniels sells over 10 million cases a year, with every bottle and barrel still being made on the original site that it was founded in 1875.
Jack and Victor vs Jack Daniels
The problem arose when they applied to trademark the name on 8 March 2021 with The UK intellectual property office (UKIPO) and Jack Daniels objected.
Jack Daniels has registered trademarks in the UK including “Jack”, arguing that “Jack and Victor” could be seen as misleading and could gain popularity through the brand Jack Daniels has created.
Hemphill argued that the names Jack and Victor have become associated with Still Game over years,building its own reputation.
The Jack and Victor whisky costs around 30% more than Jack Daniels whisky and both bottles have a black label with gold writing.
In relation to Still Game Win Trademark Battle – UKIPO hearing officer Heather Harrison said “There will be no misrepresentation. The differences between “Jack & Victor” and “Jack Daniel’s” are too great for the relevant public to believe that the contested goods are those of the opponent, despite the strong reputation of the earlier sign, even for identical goods.”
In written ruling, the UKIPO dismissed the “likelihood of confusion” and also said “the evidence does not establish that there was any subjective intention to take unfair advantage.”
After losing the case, Jack Daniel’s was ordered to pay £3,200 in costs to Jack and Victor Limited, the company used by Hemphill and Kiernan to market their product.
Hemphill said: “We are pleased with this ruling and that common sense has prevailed.”
Jack Daniel’s can still appeal and have declined to comment on the case.
Article – Still Game Win Trademark Battle – By Jim Mann, a student at the Open University
References
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