Australian importer Savant Spirits has received a cease and desist letter from Berry Bros. & Rudd over an alleged trademark infringement of the ‘No.3’ brand indication.
BB&R, a UK based drinks company, produces and markets No.3 London Dry Gin and is owner of a trademark registration for ‘No.3′.
Savant Spirits started importing Zuidam Distilleries’ Flying Dutchman No.3 rum into the Australian market in February 2016. Director Ben Luzz stated he was “shocked” to receive the cease and desist letter shortly after imports began.
The demands: to immediately stop import and distribution of Flying Dutchman No.3 rum in Australia due. The use of “No.3” is considered to be confusingly similar to BB&R’s trademark.
Berry Bros. & Rudd declined to comment when approached by The Spirits Business.
Zuiddam Distillery’s owner, Patrick van Zuiddam, states: “It is despicable that the big boys at BB&R are taking such an aggressive stance against us and positively ludicrous that they would think consumers would confuse the two products.”
Source: The Spirits Business
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