Virgin Radio was bought by the Times of India in June
and part of that deal was that the station would be renamed. It was
relaunched as Absolute Radio last month.
A spokeswoman for The Absolut Company confirmed that a High
Court action had been taken because there was a risk of confusion
and of Absolute Radio 'passing off' its services as Absolut's.
A spokeswoman for Absoloute Radio confirmed that it had received
notice of the case. "They want us to stop using the Absolute Radio
name and they want to cancel the registration of our trade mark
because they feel it is too similar to theirs," said the Absolute
Radio spokeswoman.
"We think the two are completely different, ours is a music and
entertainment brand, theirs is a vodka drinks brand, and we are
confident that our listeners recognise the difference between the
two, as would Absolut's drinkers," said the Absolute Radio
spokeswoman.
One trade mark law expert said, though, that Absolut may well
have a strong case because their promotional activities have
extended into areas other than just the selling of vodka.
"V&S Vin & Spirit do vigorously police their Absolut
brand and have argued in the past that it is a well known mark thus
affording it a wide scope of protection," said Lindsey Wrenn, a
trade mark law specialist at Pinsent Masons, the law firm behind
OUT-LAW.COM. "The brand is also extensively merchandised which does
assist in extending its reputation and goodwill beyond just vodka.
For example, I understand that they have used the Absolut Tracks
mark since 2005 in relation to remixed music available as
downloads."
Wrenn said that the addition of the word 'tracks' by Absolut or
the word 'radio' by Absolute Radio did not render either term
especially distinctive, which increases the likelihood that a court
will decide that market confusion between the trade marks could
exist.
"In this case it is not only a question of potential passing off
but also trade mark infringement given that Absolut Tracks is a UK
registered mark for entertainment and communication services
including 'broadcasting programs on a global computer network',"
she said.
"The services claimed in the Absolut Tracks registration clearly
overlap with the radio broadcasting services offered by Absolute
Radio. There is an argument that the word 'absolute' is laudatory,
for example, as referring to 'the best radio station', but I still
think that the Absolut brand and its underlying registration are
strong enough for the two marks to be confused," said Wrenn.
The Absolut spokeswoman also said that Absolut was worried about
the company falling foul of alcohol advertising rules.
"Absolute Radio targets a wider and younger audience than
Absolut vodka in different media channels," she said. "There is a
risk for confusion – consumers may perceive this as undue
advertising to young people who are not of legal drinking age,
which goes against the efforts of Absolut vodka as a responsible
spirits brand."
