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Intellectual Property Law

: IPKat

Absolution for Absolute as dispute with Absolut settles

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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An article in The Guardian today, "Absolute Radio settles trademark fight with Absolut vodka", reports on the end of what might have been a long and entertaining court dispute between Absolute Radio and Swedish vodka brand Absolut. The vodka maker sued the UK music station for trade mark infringement and passing off but today's settlement, the terms of which are confidential, has scotched the chance of further proceedings.

Absolut, the jewel in the crown of V&S Vin&Sprit, was not best pleased when the Times of India Group purchased Virgin Radio and renamed it Absolute, being concerned that there would be a risk of confusion between the two. A spokesman for V&S has now expressed pleasure at the outcome of this dispute, "which will enable us to continue to develop the iconic Absolut brand without risk of confusion to the public." Absolute Radio is equally pleased, for obvious reasons.

While the terms of settlement are confidential, says the IPKat, it shouldn't be long before the public gets some idea of what they contain: all they have to do is watch carefully and see how the two brands market their respective goods and services nonconfusingly. Merpel adds, I wonder whether there's more to this matter than the report suggests: likelihood of confusion is something I associate with similar goods and services: it's not obvious to everyone, though, that radio stations and vodka can be termed "similar".

Make your own radio station here
Make your own vodka here

Full post as published by IPKat on April 29, 2010 (boomark / email).

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