Chivas Sues Glencairn and Vice Versa

[Anster]

You can point to any one detail and say it's different - but it's when you add them all together that this appears to be attempting to clone. And the fact that the company also tries to rip off another respected company with its name... This is a punk outfit and I hope they fall hard.

I would hardly call Glencairn a 'punk outfit' and it appears to be far more complicated than a simple case of attempted cloning. Not sure I fancy drinking either of though and that's some tan the Chivalry's wearing, they must be using Irn Bru casks!

[William]

Most recent skirmish reported here

http://eur-lex.europa.eu/LexUriServ/Lex ... 028:EN:PDF

(scroll down to Case T-180/11, and T-181-11)

It isn't hard to work out who was losing the legal argument at that stage in the proceedings.

But it's not over until the Fat Lawyer sings!

[MacDeffe]

No matter how this ends there is only one source the money to pay for this can come from..the whisky drinkers

Steffen

[Nick Brown]

Chivas could have settled this for £50,000 in 2008, according to the article. Legal fees are likely to amount to far more than that - and if they lose, they will probably have to pay a lot more both in costs and for the "advertising infringement".

According to the article, Chivas offered to settle and pay Glencairn GBP50,000 - Glencairn refused.

[Johnny Murgatroyd]

You can point to any one detail and say it's different - but it's when you add them all together that this appears to be attempting to clone. .

By "you", do you mean legally? The law does add together all the factors in determining whether passing off has occurred. Precedent determines whether this is an "attempt to clone".

[Nick Brown]

I have taken it as read that none of us is offering a formal legal opinion. This is barroom chat, that's all.

[Willie JJ]

I'm with Nick on this. I don't have any doubt that Glencairn tried to make packaging and pick a name that was at least similar to Chivas Regal. Maybe Chivas didn't think this was too important in the UK market where Chivas customers are less likely to be fooled, but it seems that Chivalry is now being pushed into foreign markets where familiarity with the real product is less and confusion may be higher. In any case, taking the name and packaging together I think its hard to argue that Glencairn didn't know what they were doing.

[William]

According to the article, Chivas offered to settle and pay Glencairn GBP50,000 - Glencairn refused.

You're right Nick - Glencairn presumably considered the Chivas offer was too low.

[Edit] I disagree with your comments about Glencairn, though. It seems to be a well-respected company.

[CJames]

Chivalry seems to be moving in on Dimple territory too