A dram fine result for Ardbeg

Businessman Norbert Rom, based in Liechtenstein, attempted to register “Arlberg Whisky” as a trademark.

But Macdonald and Muir, owners of the Ardbeg distillery on Islay, challenged the move. Its lawyers said customers would confuse the two products.

The European Union Intellectual Property Office (EUIPO), has now found in favour of the Scottish firm.

In evidence, Ardbeg’s legal team said the rival could damage the company’s reputation.

“For over 200 years Ardbeg whisky has been made on the Scottish Isle of Islay,” they wrote.

“Ardbeg whisky has been called ‘as close to perfection as makes no difference’ by whisky connoisseurs and … is worshipped around the world.

“The use and/or registration by the applicant’s contested trademark constitutes a misrepresentation as the relevant public will automatically assume that the applicant has a link to the origins of the Ardbeg name when this is simply not the case. It is unquestionably the case that damage would accrue to the opponent should the applicant use the contested trade mark in the UK to conflicting goods. Such damage may take the form of consumer confusion and resulting diversion of trade and/or tarnishment in the opponent’s capacity to attract business.”

The EUIPO wrote in its ruling: “It is highly conceivable that the relevant consumer (whether professional or not) will perceive the contested sign as a sub-brand, a mere variation of the earlier mark. It follows that the contested sign must be rejected for all the contested goods and services.”

Mr Rom was ordered to pay the firm’s costs of £540.