Nyetimber sues Salcombe over ‘Product of England’ mark
English sparkling wine producer Nyetimber has filed a lawsuit against Salcombe Distilling Company, alleging that the gin maker infringes on its ‘Product of England’ trademark.
Nyetimber filed legal action against Devon-based Salcombe Distilling Co in the High Court of Justice’s Intellectual Property Enterprise Court.
In the lawsuit, West Sussex-based Nyetimber described itself as the ‘most prestigious producer of sparkling wine in England’.
Founded in 2014, Salcombe Distilling Co produces a range of spirits in the English seaside town of Salcombe. The company is known for its namesake gin brand.
The wine maker has owned the UK and EU trademark for the Nyetimber name with the text ‘Product of England’ underneath since 2015, which can be seen on the bottle’s front label.
Of particular note is the ‘O’ and ‘F’ in ‘Product of England’ presented in a smaller font size and in an offset manner to the rest of the text.
Salcombe Distilling Co uses the words ‘Product of England’ on the front of the label for two of its gins, Start Point and Rosé Sainte Marie. The lawsuit claims that Salcombe began applying these words to its products from around July 2019.
Nyetimber became aware of this usage in September 2024 when it encountered Salcombe’s gins being displayed near its own products in a London branch of supermarket chain Waitrose.
Nyetimber believes that Salcombe’s use of the ‘Product of England’ line is comparable to its trademark as it alleges that the typeface is highly similar, if not identical, and uses the same offset position for the ‘O’ and ‘F’.
The sparkling wine producer also argues that Salcombe’s positioning of ‘Product of England’ is in a similarly prominent position on the label.
As such, Nyetimber claims that Salcombe ‘plainly intended to mimic’ its trademark and intended to ‘take advantage’ of its reputation through ‘positive association’.
The lawsuit alleges that it was ‘inconceivable’ that Salcombe could come up with this ‘highly stylised design on its own initiative and in ignorance’ of Nyetimber’s products.
Nyetimber claims that Salcombe ‘unjustly seeks to ride on the coattails’ of its trademarks to ‘benefit from the fame and prestige’ of the sparkling wine brand.
Nyetimber is seeking damages and an injunction to prevent Salcombe from using its ‘Product of England’ text in its current form.
Thomas Chartres-Moore, partner at Stephens Scown LLP, representing Salcombe Distilling Co, said: “Our client believes this claim is without merit. Salcombe Distilling Co operates with integrity at all times and remains fully committed to its business, customers and values, and will continue to focus on crafting exceptional, award-winning spirits.”
Nyetimber refused to provide a comment.
Founded in 1988, Nyetimber made its first move into spirits with the purchase of English whisky maker The Lakes Distillery last year.
The firm’s CEO and owner, Eric Heerema, recently discussed plans for his newly acquired spirits brand, and how he hopes to bring synergy to the portfolio.
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