By Order, ‘Peaky Blinder’ – Not a Registered Trademark, Can be Used by Liquor Business
In a ruling by Los Angeles Federal Court the ‘Peaky Blinders’ name is not for the sole use of Caryn Mandabach Productions Ltd, the producers of the popular British TV show on Netflix by the same name. The producers of the show filed before the court against Sadler’s Brewhouse Ltd. based in Birmingham in the UK who use the name for their alcoholic beverages business, whiskey and beer amongst others. The Brewery had filed for trademark protection for ‘Peaky Blinders’ liquor in the US. The production company contended that the consumer may get confused and assume an association between the show and the liquor business. They stated that the show ‘Peaky Blinders’ began in 2014 and the liquor business subsequently in 2017. However, the producers were unable to establish in court that the name ‘Peaky Blinder’ is protected by a trademark. The liquor business also pointed out that they had adopted the name because of the historical background as a previous owner was related to a member of the original gang. The presiding judge refused the production company’s request for an injunction on the use of the name ‘Peaky Blinder’ as they could not prove that usage of the name for the business would suggest any relation to the show because the two goods exist in a different marketplace. Adding to this, the term is an unregistered trademark and the producers had themselves not created the name but, it finds its origin in the Birmingham based gang of the same name.
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