BrewDog Wins Battle Against The Elvis Presley Estate

BrewDog, BrewDog Wins Battle Against The Elvis Presley Estate

Rightness has triumphed… and Scotland’s punk brewers have had a previous ruling, which banned them from calling one of its beers ‘Elvis Juice,’ overturned!

As we reported, BrewDog initially lost the right to call its popular grapefruit and blood orange IPA ‘Elvis Juice’ last June, after the UK Intellectual Property Office ruled in favor of the Elvis Presley estate.

And in spite of the fact that BrewDog founders James Watt and Martin Dickie had both legally changed their names to ‘Elvis’, the court ruled against them and the company was additionally ordered to pay the Elvis estate £1,500 in costs.

But upon appeal the UK Intellectual Property Office sided with BrewDog…

Phillip Johnson, who conducted the hearing, explained his decision…BrewDog, BrewDog Wins Battle Against The Elvis Presley Estate

 “On balance I do not think that the hearing officer was entitled to take judicial notice that beer consumers who see the word Elvis will always think of Elvis Presley. It is well beyond day-to-day knowledge and is based on supposition. Such a finding therefore would require evidence”

“The two marks are too different for there to be direct confusion. Even with imperfect recollection the average consumer will not mistake BrewDog Elvis Juice for Elvis.”

“In general, consumers are more likely to remember the first word of a mark, particularly where it is invented or unusual, and so in any comparison between the two marks the average consumer would be aware of the difference.”

“Put simply, the common element of Elvis is not enough on its own to make consumers think there is a link between the mark Elvis and BrewDog Elvis Juice.”

“Accordingly, I find there would be no likelihood of confusion between Elvis and BrewDog Elvis Juice and allow the appeal in this respect only.”

The Drinks Business reports that BrewDog which is currently valued at up to £1 billion and exports to 55 countries, first introduced Elvis Juice IPA in 2015.

So this is a big moment for ‘Elvis’ Watt and ‘Elvis’ Dickie and we expect that everybody will be toasting the hearing’s ruling with multiple bottles of Elvis Juice.

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