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Putin’s War on Ukraine

2 years 7 months ago
In this episode of Left Anchor (#225), Prospect managing editor Ryan Cooper and Alexi the Greek discuss the context of the invasion with writer David Klion.
Prospect Staff

Why It Makes No Sense To Call Websites 'Common Carriers'

2 years 7 months ago
There’s been an unfortunate movement in the US over the last few years to try to argue that social media should be considered “common carriers.” Mostly this is coming (somewhat ironically) from the Trumpian wing of grifting victims, who are trying to force websites to carry the speech of trolls and extremists claiming, (against all […]
Mike Masnick

70 Years at the St. Louis Arena

2 years 7 months ago
“The Barn,” the loving nickname given to the Arena by St. Louisans, is actually quite appropriate. It opened in 1929 as a proud new home for the National Dairy Show, an annual livestock prize contest. Although it featured the show just once, the name stuck on St. Louis’s huge new entertainment space. For 70 years …
Brittany Krewson

New Right To Repair Bill Targets Obnoxious Auto Industry Behavior

2 years 7 months ago
It’s just no fun being a giant company aspiring to monopolize repair to boost revenues. On both the state and federal level, a flood of new bills are targeting companies’ efforts to monopolize repair by implementing obnoxious DRM, making repair tools and manuals hard to find, bullying independent repair shops (like Apple does), or forcing […]
Karl Bode

'Peaky Blinders' Production Company Working With Bushmills On A Themed Whiskey

2 years 7 months ago

Nearly a year ago, we talked about a trademark battle between Caryn Mandabach Productions, the company that produces Netflix's Peaky Blinders hit show, and Sadler's Brewhouse, a combined distillery that applied for a "Peaky Blinders" trademark for several spirits brands. Important to keep in mind is that "Peaky Blinders" isn't some made up gang in a fictional story. That name was taken from very real history in England, as evidenced by the folks that own Sadler's being descendants from one of the gang's members. It's also important to remember that television shows and alcohol are not the same marketplace when it comes to trademark law. Despite that, there has been a years-long dispute raging between Mandabach and Sadler's.

And now we have some indication as to why, since Bushmills has announced a partnership with Mandabach Productions to release its own "Peaky Blinders" themed whiskey.

Irish whiskey producer Bushmills could be launching a Peaky Blinders-inspired whiskey after applying to approve a label for the product. Proximo Spirits, which owns Bushmills, made the application to the US Alcohol and Tobacco Tax and Trade Bureau in January 2022.

Caryn Mandabach Productions, which produces the hit Neflix series about the flatcap-wearing gang, is thought to be mentioned on the proposed Bushmills label, which also allegedly says the whiskey is licensed by series distributor Banijay Group.

And this is where things get really interesting. Why? Well, the argument I made in the original post on this topic was that Mandabach really didn't have a good argument for opposition or infringement since the production company wasn't actually using the historical name of a real gang to make alcohol. Given the disparate markets, there didn't seem to be any real reason for concern about public confusion.

But now that is happening in reverse. A company behind the Netflix show is now partnering with another distillery to enter the spirits market with a "Peaky Blinders" brand and theme. If anything, I would think that Sadler's Brewhouse now has an argument for opposition, given the pending trademark application. Especially since it seems the production company, late to the party, has "plans" to get into the liquor business.

Earlier this month, The Sun revealed that the production company has its own plans to open a line of Peaky Blinders-themed bars and restaurants.

In which case I believe this would come down mostly to a "first to file" race. And if the production company had already filed trademark applications for the liquor business, you really would have thought that fact would be on display in its opposition and suit against Sadler's. But there was no hint of that in any of the documents that informed our previous post.

So, on Mandabach's side of things, this all appears to be backwards. Why it should win on any of this is not something I'm able to argue.

Timothy Geigner