Diageo launches another Captain Morgan lawsuit

Diageo has become embroiled in another trademark dispute over its Captain Morgan rum, accusing a nutritional product retailer of infringing on the brand’s logo.

Diageo has argued the logo for Captain Amsterdam infringes on its own Captain Morgan rum trademark

Diageo North America has launched legal action against Captain Amsterdam, owned by Prep Enterprises LLC, in New York.

As reported by Law360, the group believes the logo for Captain Amsterdam uses many similar features to the Captain Morgan rum character, including a red pirate hat, flowing red cape, long black hair, a moustache and a grin.

Diageo said in a statement: “Captain Morgan is one of the most well-known and iconic spirit brands in the US and globally. We will strongly protect our intellectual property rights.”

Captain Amsterdam sells products including vitamins, mineral, herbs, homeopathic remedies and beauty treatments, and has previously sold psychoactive plant salvia, which can induce hallucinatory visions.

Diageo has already taken legal action against Heaven Hill’s Admiral Nelson’s Rum over similar concerns

The company also sold kratom leaves, which are used as an alternative by opiate addicts, however the Captain Amsterdam’s website claims the company no longer sells this product.

As such, Diageo said Captain Amsterdam’s “similar” logo is therefore causing “irreparable injury” to Captain Morgan’s trademark.

“Defendant’s products and promotional materials have prominently featured a combination of words and images that substantially replicate the Captain Morgan work and Diageo’s Captain Morgan marks and other indicia of origin,” the complaint reads.

In March last year, Diageo instigated legal action against Heaven Hill’s Admiral Nelson’s Rum over claims it “dilutes” the Captain Morgan trademark.

Diageo alleged the brand is “clearly intended” to mimic that of Captain Morgan in an attempt to “trade upon the brand’s goodwill and create consumer confusion”.