Spark in Craft Beer Trend Could Mean More Room for ™ Infringement

According to law firm RPC, UK trademark registration for beer brands has risen a huge 19% last year, supposedly due to the increase in craft beers produced by supermarkets and large companies.

In more detail, the firm’s research shows that beer brand registrations rose from 1,666 in 2015, to 1,983 in 2016, which is a significant jump for a year’s worth of registrations.

RPC specified that for example supermarket Aldi added 16 new bottles to its craft beer range, and the UK has also had a steady addition of independent craft breweries.

Jonathan Sherman, Solicitor at law firm Coffin Mew, told Lawyer Monthly: “The results of this study suggest that, having historically neglected the need to protect their intellectual property, the brewing industry is beginning to finally appreciate the importance of legally protecting their brands.

“We have seen a surge in high profile trade mark infringement cases involving UK brewers, notably the estate of Elvis Presley’s successful claim against BrewDog over the Scottish brewer’s ‘Elvis Juice’ beer and in turn BrewDog’s successful claim against the owner of the ‘Draft Punk’ pub in Leeds for breaching the trade mark of BrewDog’s flagship beer ‘Punk IPA’. These high-profile cases are likely to have a further impact on the number of trade mark registrations.

“In what is quickly becoming a crowded market, in which beer drinkers are faced with an abundance of choice on both the supermarket shelves and at the taps, the name and design of the beer labelling is arguably becoming the determining factor to stand out amongst the competition, perhaps more so than the taste of the beer itself. It would be no surprise therefore, to see trade mark infringement claims increase over the next few years as breweries become more robust at protecting their brands and their place within the market.”