Trademarking battle – Elvis VS BrewDog

The King is back in the building…
Let’s kick off with more famous trademark infringement cases in 2021, they’re pretty interesting right?
First up, the King of Rock and Roll v famous Scottish brewery and pub chain, BrewDog
How do the 2 relate in any way I hear you ask?
Well, if you’re an avid IPA drinker, you might have heard of a certain BrewDog speciality aptly named ‘Elvis Juice’
In 2016, Authentic Brands Group (ABG), which managed Elvis’s name etc, entered a trademark infringement dispute with BrewDog because of the above named beer
ABG wrote to BrewDog founders, instructing them not to use it…in retaliation, the two changed their first names to ‘Elvis’ by deed poll, with hopes it would convince the court it was named after them
Their tactic didn’t seem to work at first. In 2017, the UK IP Office ruled in favour of ABG
BUT…the decision was overturned in 2018 on appeal, because the name ‘Elvis’ wasn’t enough to make consumers think there was a link between the two
Moral of the story? Think about how much money was spent on this costly court battle. Avoid it all by protecting your brand – get trademarking!
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