Dons dram is toast

Aberdeen FC has failed in a legal battle with a sherry maker over the name of its whisky.

The club launched a blended whisky called Dons Dram in 2016 and applied to register the trademark.

Drinks company Sandeman, however, objected to the registration on the basis it produces a similarly named Spanish sherry called Don Fino.

The company’s lawyers said the application overlapped with their registered trademark, that people could confuse the businesses and that Aberdeen would benefit from the confusion.

The club, formed in 1903, argued that it had been known as the ‘Dons’ for more than a century.

The UK Intellectual Property Office (UKIPO) has now argued in favour of Sandeman, ruling that the vast majority of the public would not be aware of the association between the club and its moniker.

The club must now pay the drinks maker £1,500 in legal costs and will have to either change the name or apply to Sandeman for permission to use it.

Trademark hearing officer Chris Bowen said: “The applicant has provided evidence indicating that it has been known as the Dons since at least 1909.

“While I accept that it may be known in this manner by some average consumers who have an interest in football, I think it far more likely that the vast majority of those interested in football (let alone amongst those with no interest in football) would make no association between the applicant and the words the Dons.

“A substantial number of such customers are, in my view, likely to assume that the opponent’s business is now also conducting a trade in whisky-related products, by reference to its Don trademark.

“The fact that the applicant may have been known by some as ‘the Dons’ since 1909, in relation to its football-related activities, does not assist the applicant.”

A spokesman for Aberdeen FC said: “We don’t understand how the two products could be confused but we will accept the decision and move on.”

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