Samuel Smith launch legal action over Cropton Brewery's white rose beer branding (From York Press)
Get in touch: send your photos, videos, news & views by texting YORK to 80360 or send an email»
Samuel Smith launch legal action over Cropton Brewery's white rose beer branding
11:00am Tuesday 5th October 2010 in News
Cropton brewery staff launch Yorkshire Warrior in 2008
A BREWERY’S fundraising drive for wounded servicemen is in jeopardy after rival brewer Samuel Smith’s launched legal action over the use of Yorkshire’s white rose on beer labels.
Cropton Brewery launched its Yorkshire Warrior beer in 2008, having won permission from the Yorkshire Regiment to feature its emblem – a lion carrying the standard of St George above a white rose – on the labels and pump clips.
Most of the profits from the beer go to the regiment’s benevolent fund, which helps seriously-wounded soldiers returning from Afghanistan. More than £10,000 has been raised so far through the sale of the beer.
But court documents obtained by The Press have revealed that Cropton, based near Pickering, has been served with a writ by Tadcaster brewery Samuel Smith’s, claiming that Cropton’s use of the “stylised white rose device” is a trademark infringement.
The writ states that the white rose device is “confusingly similar” to the white rose used by Samuel Smith’s as its trademark since the 1960s.
It alleges that, despite correspondence on the issue, Cropton has continued to use or authorise the use of the white rose, while Samuel Smith’s continues to suffer actual or threatened loss or damage.
The Tadcaster brewery is seeking an injunction, damages and the destruction of beer bottles and pump clips with illustrations which infringe the trademark, and costs.
A Cropton Brewery spokesman said that, after informing the regiment of the brewery’s legal action, the regiment had asked the brewery to remove the regimental emblem from the labels.
He said the legal action, scheduled to go to a hearing at the High Court next year, was being contested by Cropton.
The brewery’s defence to the writ states: “The Yorkshire rose is a common symbol and the claimant (Samuel Smith’s) is not entitled to assert any kind of monopoly over its use.”
The defence statement claims the rose on the Warrior beer is not confusingly similar to Samuel Smith’s emblem, and denies it will be associated with its products. It also claims there are a number of other Yorkshire brewers which also use the rose.
The defence document reveals that another beer made by Cropton, MS Bitter for Marks & Spencer, which also features the Yorkshire White Rose, is also involved in the legal action by Samuel Smith’s.
A Samuel Smith’s spokesman declined to comment and a spokeswoman for the regiment said it did not feel it would be appropriate to comment.
Comments(22)
long distance depressive
says...
11:12am Tue 5 Oct 10
Garrowby Turnoff
says...
11:28am Tue 5 Oct 10
.
The second most important point is 'the sophistication of the purchasers of the products'. To quote a source more knowledgable than I...
.
"Generally, the more sophisticated and knowledgeable the purchasers, the less likely it is that those purchasers will be confused by similar marks. For example, purchasers of jet engines for airplanes will most likely be professional purchasing agents with an intimate knowledge of competing products. Simply put, their purchasing decision is not primarily based on a comparison of the marks, per se, but is based on a deep understanding of the products and their manufacturers. On the other end of the scale, the ordinary, unsophisticated supermarket shopper is likely to be highly influenced by the marks used on products. He or she has neither the time nor the inclination to research competing products. The possibility for confusion of an unsophisticated purchaser is more acute, and thus, a similar mark may create a likelihood of confusion in the mind of an unsophisticated consumer where, in the same case, none would exist in the mind of a sophisticated purchaser."- http://www.tms.org/p
ubs/journals/jom/mat
ters/matters-0212.ht
ml
Abbers123
says...
11:51am Tue 5 Oct 10
Roach
says...
11:54am Tue 5 Oct 10
mickrick
says...
12:31pm Tue 5 Oct 10
North Wales Yorkie
says...
12:56pm Tue 5 Oct 10
"Someone at Cropton's dropped a clanger"... I think the publicity will damage Sam Smiths while boosting Cropton's sales.
oldgoat
says...
1:11pm Tue 5 Oct 10
Are Sam Smiths going to start challenging anyone else who uses the Yorkshire Rose, just in case they buy something else instead of their bottle of beer? Please, get real, this looks mroe like cheap publicity......
daisy duke
says...
1:25pm Tue 5 Oct 10
Pete the Brickie
says...
1:41pm Tue 5 Oct 10
mickrick wrote:I'd agree with that, Mr Smith's taken up a few legal battles, some more noble than others, but very few losing battles. You've won this skirmish Cropton on the publicity front, now withdraw honour intact.
dont go to court with humphrey. you will lose. cut your losses now. you cannot afford to fight him. ask anyone in tadcaster. you are on a hiding to nothing. can you afford to go all the way to the house of lords????? humphrey can and he will. you wont have a brewery if you carry on in conflict with him.
myselby
says...
1:46pm Tue 5 Oct 10
Theendoftheworld
says...
2:18pm Tue 5 Oct 10
BioLogic
says...
2:26pm Tue 5 Oct 10
Cost Accountant
says...
3:14pm Tue 5 Oct 10
I wonder if Sam Smiths is going to sue the Yorkshire Regiment for using what they say is "THEIR" White Rose?.
Alternatively are they going to contribute to Army Benevolent funds from all their sales?
Cost Accountant
says...
3:14pm Tue 5 Oct 10
I wonder if Sam Smiths is going to sue the Yorkshire Regiment for using what they say is "THEIR" White Rose?.
Alternatively are they going to contribute to Army Benevolent funds from all their sales?
Abbers123
says...
3:17pm Tue 5 Oct 10
welshjen
says...
4:28pm Tue 5 Oct 10
leninwasright
says...
5:28pm Tue 5 Oct 10
welshjen wrote:You can buy Sam Smiths beers in supermarkets. Jolly good they are too.
You can only ever get Sam Smiths beers in a Sam Smiths pub and they won't ever have non Sam Smiths beer - so there isn't any chance of ever confusing the 2 anyway.
Ignatius Lumpopo
says...
5:36pm Tue 5 Oct 10
mickrick
says...
5:49pm Tue 5 Oct 10
Pete the Brickie wrote:well said pete, hope these people know what they are taking on. They will lose the case and everything around them that they own. "Withdraw now with honour intact." couldnt have put it better myself and Im not a barrister charging £800.00 a day.
mickrick wrote: dont go to court with humphrey. you will lose. cut your losses now. you cannot afford to fight him. ask anyone in tadcaster. you are on a hiding to nothing. can you afford to go all the way to the house of lords????? humphrey can and he will. you wont have a brewery if you carry on in conflict with him.I'd agree with that, Mr Smith's taken up a few legal battles, some more noble than others, but very few losing battles. You've won this skirmish Cropton on the publicity front, now withdraw honour intact.
Thrasher
says...
7:24pm Tue 5 Oct 10
welshjen wrote:Incorrect. Taddy Stout is on sale in Tromso, Norway. I saw some in the supermarket yesterday.
You can only ever get Sam Smiths beers in a Sam Smiths pub and they won't ever have non Sam Smiths beer - so there isn't any chance of ever confusing the 2 anyway.
joshe
says...
9:54pm Tue 5 Oct 10
hifive says...
11:04am Tue 5 Oct 10