JACK DANIEL'S Is Not The Victor

Background

Jack Daniels Properties, Inc (JD), known for JACK DANIEL'S whisky, opposed a third-party application to register JACK & VICTOR as a UK trade mark. The application spanned various classes, all of which were opposed by JD, but here we will solely concentrate on the Class 32 and 33 elements covering alcoholic drinks – clearly the core concern for JD.

JD relied on eleven earlier UK TM registrations, all but one of which were old enough to entitle the applicant to prove evidence of use, a right which the applicant exercised. The only registration relied upon by JD which was not old enough to entitle the applicant to request evidence of use was a registration of JACK ROCKS. In addition to claiming likelihood of confusion with these registered marks, JD opposed on the basis that the reputation of some of its earlier registrations was such that use of the opposed mark would lead to unfair advantage or detriment and also opposed on the basis of unregistered