INFORM LEGAL DISPUTE OVER ‘NO.3’ TRADEMARK Australian importer and distributor of Flying Dutchman No.3, Savant Spirits, was recently ordered to cease and desist trading the rum brand by a Sydney-based law firm representing Berry Bros. and Rudd. The law firm argues that the name of the rum breaches the UK wine and spirits supplier’s international trademark of ‘No.3’, which is used for its London Dry Gin. The law firm has requested that Savant Spirits sends them all of its stock of the rum, pulls existing stock from retail and stops importing the product. Savant Spirits says the law firm has also contacted the distillery in Holland that makes Flying Dutchman No.3 and is pursuing the case in the EU. But both Savant Spirits and the Zuidam Distillery wonder why Berry Bros. and Rudd hasn’t taken legal action out on other brands that have used the trademark. “You have to wonder why a large company like Berry Bros. and Rudd is pursuing a craft, small-batch distiller, but hasn’t addressed Bundaberg, Jack Daniel’s or Pimm’s, who have all used the No.3 on their products,” Savant Spirits cofounder Ben Luzz told drinks trade. “It really feels like a case of David and Goliath, where the big company is picking on the little company. It seems ludicrous.” Savant Spirits has spoken with TradeMarks Australia, which says that Berry Bros. and Rudd owns the international trademark to No.3 within gin, but not rum. Savant Spirits and the distillery are hoping this may help them in their fight to keep the name Flying Dutchman No.3. “Even though we have a leg to stand on, if we have to pursue court action, it could just cripple the business,” Luzz continued. “We’re just trying to get good booze to consumers and we can’t believe that something as silly as this, where the average person wouldn’t assume if they asked for a No.3 that they would get Flying Dutchman, could have such an impact.”
SALE OF CARGO BAR & LOUNGE The Keystone Group is planning to sell one of Sydney’s most popular venues. The group has decided to reinvest capital from the sale of Cargo Bar & Lounge into other opportunities. Cargo Bar & Lounge will follow Keystone’s sale of The Newtown Hotel, which took place in February. Executive Chairman, Richard Facioni said, “The sale of Newtown showed us there is currently a strong market for wellperforming, iconic venues. We have also received recent approaches, both formally and informally, in relation to Cargo, so the board decided now would be an opportune time to explore a sale of the business.”
16|drinks trade