Feb 24, 2022

An order, of the Peaky Blinders

Proximo Spirits, the owner of Bushmills, a producer of Irish whiskey, has applied for approval to make a “Peaky Blinders” themed whiskey. The application has been made to the US Alcohol and Tobacco Tax and Trade Bureau.

The application comes after the shows producers, Caryn Mandabach Productions Limited (“CMP”), failed to prevent Sadler’s Brew house (“Sadler’s”) from using the “Peaky Blinders” name on its liquor and beer products. CMP found themselves embroiled in a five year legal dispute with Sadler’s before the ruling was made in favour of Sadler’s.

The hit Netflix show, Peaky Blinders was named after a real-life English street gang based in Birmingham in the late 19th and early 20th century. This caused difficulty for the producers when trying to protect its name against Sadler’s as the judge ruled CMP were unable to prove a protectable trade mark in the name. The judge also ruled CMP were unable to prove Sadler’s products would cause confusion or that any alleged confusion would result in irreparable harm.

However, Bushmills and CMP appear to be working in harmony on the production of the new limited edition recipe. Bushmills have mentioned the producer on the proposed labelling for the whiskey. The blend of whiskey is alleged to be “by order of the Shelby Company Ltd” – a main feature in the hit show centred on the Shelby family. It is also alleged the label will feature a quote from the main character Thomas Shelby, who is played by Cillian Murphy: “Whiskey’s good proofing water. Tells you who’s real and who isn’t.” With any luck, the whiskey will be as big of a hit as the show.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

in: Case Law, Companies, Consumer Law, EU/International, Legal News, News, Passing Off, Trade Marks

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