In the Irish leg of a worldwide trade mark dispute between Austin Nichols Inc (the producers of Wild Turkey bourbon) and Lodestar Anstalt (the producers of Wild Geese whiskey), the Patents Office recently ruled in an 'opposition and invalidity' action brought by Austin Nichols Inc which argued that there was a likelihood that consumers would be confused between the trade marks 'Wild Turkey' and 'Wild Geese'. Under the Trade Marks Act 1996, proprietors of prior rights have the right to oppose an application for registration of an identical or confusing similar trade mark in respect of identical or confusingly similar goods. Invalidity actions can also be brought on the same grounds after the trade mark is registered.

The Patents Office heard evidence from both parties, which ranged from the various different types of wild and domestic fowl to tales of the Battle of the Boyne and the Flight of the Earls (which is where the origins of Lodestar's Wild Geese whiskey name derived from). The worldwide trade mark dispute has been fought on many battlegrounds, including from Singapore to New Zealand to the United States. Indeed to date, the US is the only territory where a likelihood of confusion has been found. Lodestar Anstalt has ultimately been successful in every other territory in which an opposition or an invalidity action has been lodged, with no likelihood of confusion being found.

The 'Wild Geese' have now come home and the Patents Office found no likelihood of confusion between the marks. This is not really surprising considering that we Irish know the difference between turkeys and geese, not to mention the difference between bourbon and whiskey!

But this case highlights the importance of branding and of registering trade marks that are valuable to your business. It also highlights that an opposition to your trade mark application or an invalidity action taken by another proprietor of a previously registered trade mark can be successfully defeated.

For further information please contact Aine Matthews.