Spirited argument: global giant tries to trademark a date

I'm thinking of trademarking the year 2025 and then charging all the wine companies around the world who want to use it on their labels.

Palpably absurd, of course, but not as absurd as massive Cognac conglomerate Rémy Martin insisting it has the sole rights to the date 1738.

Leading liquor industry website https://www.thedrinksbusiness.com/ is in conflict with Victor George Spirits in Florida over the use of the date 1738 on its bourbon bottles.

Fort Mosé 1738 Bourbon is named after the first free black town in the United States, declared so by the town’s governor in 1738.

Rémy Martin, however, has a 1738 Accord Royal Cognac that has the same year on its labels “commemorate the reward of excellence bestowed on Rémy Martin by King Louis XV in 1738”.

There is now a trademark dispute with Remy aiming to prevent VGS from using the year on its bourbon.

Victor Harvey (above), founder and CEO of black-owned and operated VGS, told the Miami New Times that he first received notice of the objection from Remy Martin in November last year.

“This originally came as an utter surprise,” Harvey said. “I’m not an attorney, but I’ve never known you could trademark an entire year as part of a trademark.

“We 100% chose the year 1738 because of its significance to black people in America. It was the first year in this country where black people could live free in some regard. That’s our sole reason for using it.”

When VGS first launched its bourbon it agreed to donate US$1 from every bottle sale to the Fort Mosé Historical Society to help with educational programmes and events in order to raise awareness of the historic town in what is now Florida.

Wikipedia says: "Fort Mosé was established as a free black settlement, the first to be legally sanctioned in what would become the territory of the United States".

Is Red Bull full of bull?

It is probably fair to say that only a moron in a hurry would be confused between the sickly energy drinks global giant Red Bull and boutique English gin distillery Bullards. 

The Austrian-based global behomoth is claiming, however, that the use of “Bull” in the Bullards name is a theat to its brand. 

The BBC reports that Norwich-based Bullards has been told there was a "likelihood of confusion on behalf of the public" as both brand names "include the term bull".

Red Bull is opposing an application to register the mark Bullards before the UK Intellectual Property Office.

Bullards, originally founded in 1837, said the claim was "ludicrous". 

In a legal letter, Red Bull said it was "prepared to resolve this dispute" if Bullards deleted a series of goods and services from its trademark application and registration, including energy drinks, events and non-alcoholic beverages.

"Our client recognises that your client's brand stems from a historical family business and so it has asked us to highlight that it does not want to prevent your client from doing anything it has historically done," the letter said. 

“What they're claiming is ludicrous," said Russell Evans of Bullards. 

"There is no confusion whatsoever and actually if we did concede we would be admitting there was." 

Evans said Red Bull had not said his firm had to stop using the Bullards name for its gin.

"But they're saying we can't do events, we can't do soft drinks, which we are going to do because we're going to do tonics, we can't do energy drinks - not that we would ever want to do energy drinks.”

He added it would cost "thousands of pounds" to remove the goods and services listed in the letter and accused Red Bull of "trying to bully us".

"If needs be we'll go to court and let's see what a court of law has to say on it," he said.

Bullards was founded in 1837, making beer and importing wine and spirits, before it was taken over by national brewery Watneys in 1963.

The Bullards name was revived in 2015, with the company focusing on gin.

Austrian firm Red Bull was launched in 1987.

Red Bull has form when it comes to alleged brand bullying.

In 2013, it threatened the brewery Redwell Brewing in Norwich with legal action due to its name starting with 'Red' and ending with 'll.