Bike manufacturer Scott Sports has lost its trade mark battle against the late AC/DC frontman Bon Scott’s estate. The family of the Scottish-born singer, who tragically died in 1980, had sought to register his name as a trade mark for use on merchandise including clothing, sunglasses and bags. Cycling and sportswear brand Scott, however, opposed the application on the basis that the ‘Scott’ trade mark was too similar to their own and would lead to customer confusion. Scott Sports argued that their trade mark had ‘distinctive character’ resulting from the brand’s status and UK annual sales totalling £15 million. Bon Scott’s estate, managed by his two brothers and nephew, submitted evidence of the frontman’s fame in the UK and the success of AC/DC in the 1970s. They also pointed to the three day music festival, Bonfest, held every year in his hometown of Kirriemuir to commemorate his legacy. Further, the family also maintained that Scott’s untimely death was “a major international pop culture event” and “a touchstone of rock and roll history”. The UK Intellectual Property Office (UKIPO) ruled in favour of the late singer’s estate. The UKIPO found that the addition of the “distinctive and dominant” word ‘Bon’ at the beginning of the mark was sufficient to allay any fears that the two marks may be mistaken or confused. Scott Sports have been ordered to pay £1,050 towards the estate’s legal costs. 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: Companies, EU/International, Legal News, News, Trade Marks Share this page
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