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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Alex. I've read an answer that you gave to a question about

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Hi Alex. I've read an answer that you gave to a question about a year ago http://www.justanswer.co.uk/law/8hn01-run-business-buy-wholesale-cosmetics-repackage.html. This concerns someone repackaging a product with both the originator and the repackaging companies brand on. You say that this is not legal but it appears to be exactly what this company 'Drinks by the Dram' are doing: http://www.drinksbythedram.com/legal. Can you explain please?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello and thanks for requesting me.You can't use and pass off someone else's trademark or intellectual copyright without permission.I assume these people have some sort of permission. That is what I was explaining.
Customer: replied 10 months ago.
Thanks for your reply Alex. The reason I asked is that I am looking to do something similar. 'Drinks by the Dram' re-bottle in 3cl containers, they have their 'Drinks by the Dram' logo with, for example 'Warners Edwards Victoria's Rhubarb Gin', on the label. That's the distiller 'Warner Edwards' and the product 'Victoria's Rhubarb Gin' which is specific to Warner Edwards. The Warner Edwards brand/logo is not shown.
We want to do the exact same thing, but in 10cl bottles.
It's hard to believe that they have permission from all of the distillers that they bottle from - there are hundreds, but they do list some of them in their legal page, is this a way around it? This is the relevant bits from their page...
PRODUCTS WE MAKE
We manufacture drams, tasting sets, spirit-filled advent calendars and crackers, among other products.
We use factual statements to describe the source of the whisky or other contents of those products. For example, if we bottled a delicious single cask distilled at the outstanding Glenfarclas distillery then we would say exactly that. In that instance we would not be asserting any ownership of, or other rights in, the trademark "Glenfarclas", which we do not own. The label describes the bottle we opened and decanted into drams, so a dram with "Glenfarclas 40" on it indicates that we opened up a sealed bottle of rich, dark, Christmassy Glenfarclas 40 Year Old and carefully decanted it into clean food-safe containers in a food-safe environment.
Any defects introduced by our manufacturing processes (bottling, re-bottling, dramming, labelling, waxing, etc) are not the responsibility of the third party which produces any whisky (or other raw material) which we have used.
OTHER PEOPLE’S INTELLECTUAL PROPERTY RIGHTS
We respect other people's intellectual property rights. Although we sometimes refer to them on our website and on the labels of products we make and distribute, we don't claim or assert any intellectual property over any brands owned by others, including but not limited to:
ABERFELDY, ABERLOUR, ABSOLUT, ALLT-Á-BHAINNE, ARARAT, ARDBEG, ARDMORE, ARRAN, ARTELL, AUCHENTOSHAN, AUCHROISK, AULTMORE, BALBLAIR, BALLANTINE'S, BALMENACH, BALVENIE, BANFF, BECHEROVKA, BEEFEATER, BELL'S, BEN NEVIS, BEN WYVIS, BENMORE, BENNACHIE, BENRIACH, BENRINNES, BENROMACH, BIG BEN, BLACK BOTTLE, BLADNOCH, BLAIR ATHOL, BOWMORE, BRACKLA, BRAEVAL (AKA BRAES OF GLENLIVET), BRORA, BRUICHLADDICH, BUCHANAN'S, BUNNAHABHAIN, BURN STEWART, CALEDONIAN, CAMBUS, CAMERON BRIDGE, CAOL ILA, CAPERDONICH, CARDHU, CARSEBRIDGE, CHIVAS, CHIVAS REGAL, CLYDE GLENDORAN, CLYNELISH, COLEBURN, COMPASS BOX, CONVALMORE, CRAGGANMORE, CRAIG GORDON, CRAIGELLACHIE, CUTTY SARK, DAILUAINE, DALLAS DHU, DALMORE, DALWHINNIE, DEANSTON, DEWARS, DUFFTOWN, DUMBARTON, DUNHILL, EDRADOUR, FAMOUS GROUSE, FETTERCAIRN, GARNHEATH, GIRVAN, GLEN ALBYN, GLEN ELGIN, GLEN GARIOCH, GLEN GRANT, GLEN KEITH, GLEN MARNOCH, GLEN MHOR, GLEN MORAY, GLEN ORD, GLEN PARKER, GLEN SCOTIA, GLEN SPEY, GLENALLACHIE, GLENANDREW, GLENBRIDGE, GLENBURGIE, GLENCADAM, GLENDERRY, GLENDRONACH, GLENDULLAN, GLENESK, GLENFARCLAS, GLENFIDDICH, GLEN FLAGLER, GLENGLASSAUGH, GLENGOYNE, GLENGYLE, GLENISLA, GLENKINCHIE, GLENLOCHY, GLENLOSSIE, GLENMORANGIE, GLENROTHES, GLENTAUCHERS, GLENTURRET, GLENUGIE, GLENURY, GLINNE PARRAS, GREENSPOT, GREY ROGERS & CO, HAIG, HAVANA CLUB, HIGHLAND PARK, IMPERIAL, INCHGOWER, INVER HOUSE, INVERGORDON, INVERLEVEN, ISLE OF ARRAN, ISLE OF JURA, ISLE OF MULL, JAMESON, JOHNNIE WALKER, KILCHOMAN, KINCLAITH, KNOCKANDO, KNOCKDHU, LADYBURN, LAGAVULIN, LAPHROAIG, LAUDERS, LEINBURN, LINKWOOD, LITTLEMILL, LOCH LOMOND, LOCHNAGAR, LOCHSIDE, LONGMORN, MACDUFF, MACKINLAY'S, MANNOCHMORE, MILLBURN, MILTONDUFF, MORTLACH, NORTH BRITISH, OBAN, OLMECA, PADDY, PERNOD, PITTYVAICH, PLYMOUTH, PORT CHARLOTTE, PORT DUNDAS, PORT ELLEN, POWERS, PULTENEY, REDBREAST, RICARD, ROSEBANK, ROYAL SALUTE, SCAPA, SPEYBURN, SPRINGBANK, ST. MAGDALENE, STRATHCLYDE, STRATHISLA, STRATHMILL, TALISKER, TAMDHU, TAMNAVULIN, TEACHER'S, THE ANTIQUARY, THE CLAYMORE, THE GLENLIVET, THE MACALLAN, THE SPEYSIDE, TOBERMORY, TOMATIN, TOMINTOUL, TORMORE, TULLIBARDINE, TWEEDDALE, WEMYSS MALTS, WHITE HEATHER, WHITE HORSE, WHYTE & MACKAY, WILLIAM GRANT, WILLIAM LAWSON, WYBOROWA and YELLOWSPOT.
If you have an ownership, copyright or intellectual property claim over a brand or trademark which you would like us to specifically recognise by adding it to this list, or if you spot an error you'd like us to correct please do not hesitate to get in touch***@******.***.
I look forward to your response.
Many thanks
Chris
Expert:  Ash replied 10 months ago.
They are referring to regions and distilleries and not a particular product I think.If you were going to use a Trademarked name or logo you need permission.If you are just going to mention the distillery you are ok.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
Thanks Alex, yes, in the part of the legal page that I've sent you, the big list is just a list of distilleries, without any specific product. However, the labels on the bottles seen here have the distillery and the name of the whisky contained, so that might be Glenmorangie Nectar D'Or where 'Glenmorangie' is the distiller and 'Nectar D'Or' is the name of the Whisky:
https://www.cgarsltd.co.uk/drinks-the-dram-islay-whisky-tasting-set-3cl-472-p-18267.htmlTo be clear, are you saying that legally and without permission, if we split a bottle of 'Warner Edwards Victoria Rhubarb Gin' into 10cl bottles then on our bottle, alongside our own brand, we'd only be able to put 'Warner Edwards' (the distillery) on the label and not 'Victoria Rhubarb Gin'?Many thanks
Chris
Expert:  Ash replied 10 months ago.
Yes you would need permission. You can't use the brand name as this is a trademark without permission.
Expert:  Ash replied 10 months ago.
does that clarify?Alex
Customer: replied 10 months ago.
It does and thank you for your answers and your time. Do you know of any way to get around this at all, or is the only way to get permission from each supplier?
Customer: replied 10 months ago.
...and also, does their trademark need to be a registered trademark for this to be an issue?
Expert:  Ash replied 10 months ago.
Does not need to be registered as they designed and trade with the name.Sadly you need permission. If you are small scale and they don't find out you may be ok. But if they do it could cause an issue.
Expert:  Ash replied 10 months ago.
Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 10 months ago.
Yes thank you.
Expert:  Ash replied 10 months ago.
great. Good luck.

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