Aberdeen FC loses trademark battle over ‘Dons Dram’ whisky

Scottish football team Aberdeen Football Club has lost a trademark battle against Sherry producer Sandeman over its plan to launch a Scotch whisky under the name ‘Dons Dram’.

Sandeman produces Sherry and Port featuring a logo that depicts a man with a cape and hat

In 2017, Aberdeen Football Club (FC) applied to register two trademarks – ‘The Dons Dram’ and ‘Dons Dram’ – for goods in class 33 for Scotch whisky at the UK Intellectual Property Office (IPO).

The application was opposed by Port and Sherry producer Sandeman, which has the trademark ‘Don Fino’ for use on alcoholic beverages in the UK and EU, and has a UK trademark for a logo featuring a caped man with a wide Spanish hat and the text ‘The Don’.

Portugal-based Sandeman argued that it had “invested a significant sum in marketing and promotional activities within the UK” featuring ‘The Don’ trademark and that the applicants’ goods were “likely to cause detriment to the reputation” of Sandeman.

The Sherry producer also claimed that the Aberdeen FC’s mark “has the potential to reduce the value of the trademark and also to affect the purchasing decisions of consumers in the marketplace”.

In addition, the mark ‘The Dons Dram’ and ‘Dons Dram’ contains the “identical verbal element” of ‘Don’ and that the word ‘fino’ has “relevant meaning for Sherry and ‘dram’ has a relevant meaning for alcoholic beverages”.

Aberdeen Football Club argued that it has been known as ‘The Dons’ for almost a century, prior to when Sandeman registered its marks. It also said that its application was for Scotch whisky and would be “readily” distinguished from Sandeman’s Sherry products.

In its opposition, the football club also said that the word ‘dram’ is defined as a small measure of whisky, usually Scottish. However, it was noted that it was the word ‘Dons’ that was “likely to attract the majority of the average consumer’s attention”.

The UK IPO ruled in favour of Sandeman, claiming that it is “irrelevant” whether or not fans of the football club refer to it as ‘The Dons’.

The application wrote: “It is far more likely that the vast majority of those interested in football (let alone amongst those with no interest in football) would make no association between the applicant and the words ‘The Dons’.”

The court ordered Aberdeen FC to pay £1,500 to Sandeman in legal costs.

An Aberdeen FC spokesperson said: “We are surprised and disappointed by the outcome as we fail to see how there could be any confusion over what are very different products but we will accept the ruling and move on.”

The Spirits Business has contacted Sandeman for further comment.