Jack Daniel’s wants ‘Jack DeCicco’ trademark thrown out
Jack Daniel’s has challenged a trademark application to make spirits under the name ‘Jack DeCicco’, claiming that the public would falsely believe the two are linked.
Jack Daniel’s wants a trademark application for ‘Jack DeCicco’ thrown outMassachusetts-based DeCicco IP filed the trademark to the US Patent and Trademark Office (USPTO) in May last year, for use on alcoholic beverages and premium spirits.
Jack Daniel’s filed an opposition against DeCicco on 19 March on the basis that there is a likelihood of confusion in the use of the word ‘Jack’.
The whiskey maker said it has been using its “world famous” marks in relation to spirits, cocktails, and liquors long before DeCicco applied for its mark.
The company uses its ‘Jack’ name for a variety of alcoholic beverages, including Gentleman Jack, Jack Lives Here, Jack Honey and Winter Jack.
In addition, DeCicco plans to use the trademark for products similar to Jack Daniel’s. The products recognised are “legally identical” to those identified by Jack Daniel’s and are “deemed to travel through the same channels of trade to the same classes of customers”.
Jack Daniel’s argued that it would be “damaged” if DeCicco’s mark is approved and asked the USPTO to refuse registration.
DeCicco must respond to the opposition by 28 April.
The Spirits Business has contacted brand owner Brown-Forman for comment.
