STILL GAME creators Greg Hemphill and Ford Kiernan have come out on top in a legal dispute with US whiskey giant Jack Daniel’s.
The acting and writing team had ran into trouble after seeking to register their ‘Jack and Victor’ whisky blend as a legally protected trademark.
Their proposed use of the word ‘Jack’ in relation to distilled spirits set the alarm bells ringing in Tennessee, with the result that the matter had to be settled at a hearing before the UK Intellectual Property Office.
Hemphill and Kiernan worked with Loch Lomond Distillery to launch the Jack and Victor blend in 2021, in memory of the fictional Glasgow pensioners with whom they will forever be associated, after nine seasons of the TV series and a lengthy run of sold-out live shows at the Glasgow OVO Hydro.
The pair had then applied to register ‘Jack and Victor’ as a trademark for whisky and other drinks-related services, but Jack Daniel’s lawyers opposed that application, noting that the US company already had registered trademarks in the UK for terms including ‘Jack’ and ‘Gentleman Jack’.
The hearing at UKIPO heard evidence from Justin Welch, the managing director at Jack Daniel’s, in support of its claim that the use of ‘Jack’ on whisky packaging could mislead customers into thinking it was endorsed by them and thus benefit from their brand’s global reputation.
In reply, Hemphill explained the popularity of Still Game with the Scottish public, and suggested that the names Jack and Victor were synonymous with that slice of Scottish popular culture.
The UKIPO ruled in favour of Hemphill and Kiernan, concluding that the differences between the two brands were ‘too great’ for there to be any confusion. It also found that there was no evidence Jack and Victor was attempting to take advantage of Jack Daniel’s reputation.
Jack Daniel’s was ordered to pay £3200 in costs to Jack and Victor Limited, the company used by Hemphill and Kiernan to market their product.
Hemphill commented: “We are pleased with this ruling and that common sense has prevailed.”
Jack Daniel’s declined to comment on the case.
