Elvis Presley’s estate loses trademark battle with BrewDog

Elvis Presley’s estate has lost a trademark dispute with Scottish craft brewer BrewDog over the brewer’s use of the name “Elvis” for one of its products. The case hit the courts in October 2016. BrewDog celebrated the ruling on 29 January 2018.

BrewDog launched the drink, a grapefruit-flavoured IPA, in 2015. But in 2016 Authentic Brands Group (ABG), which manages Elvis Presley's name and official events, wrote to founders James Watt and Martin Dickie instructing them not to use it.

In October 2016 the pair responded by changing their first names to “Elvis” by deed poll, in the hope that doing so would demonstrate the lack of exclusivity of the name Elvis. The cofounders of BrewDog – formerly James Watt and Martin Dickie – henceforth shall be known as Elvis Watt and Elvis Dickie.

However, the UK’s Intellectual Property Office (UKIPO) ruled in favour of ABG in July 2017, saying it was likely that drinkers would think the beer was an official product.

After an appeal, that decision has now been overturned on the grounds that the common element of Elvis is not enough on its own to make consumers think there is a link between the mark Elvis and BrewDog’s Elvis Juice.

Mr Watt said in an online statement: “This is a victory for common sense […]. This is a vindication of our belief in freedom and our dogged decision to appeal the initial ruling, and not go gently into the night.”