Hit Show Peaky Blinders Loses Injunction to Ban Brewery’s Similarly Named Beer
The production company behind a popular British television series, Peaky Blinders, lost a bid that would keep a brewing company from giving their liquor the same name.
The show's production company, Caryn Mandabach Productions Ltd, argued that Sadler’s Brewhouse Ltd could not use the name Peaky Blinders because it would cause confusion likening the TV show to the series even though both entities operated independently of one another. The production company claims that Sadler’s Brewhouse violated trademark infringement in that their whiskey, rum, gin, and dark beer took on the name Peaky Blinders, a name which Mandabach claims is the company’s intellectual property.
Along with trademark infringement, the production company alleged that they owned “certain quotations/sayings/phrases from the show.”
The hit TV show Peaky Blinders is a British production set in Birmingham, England, that centers around the Shelby crime family. The series’ name and plot are loosely based on the notorious youth gang which shares the same name, Peaky Blinders.
In the complaint, Sadler’s director explained that the name paid homage to the original gang's history because gang members had an affinity for dark beer and that the Brewery had a connection to the gang. Sadler’s explains that the former owner of the pub was also a descendant of a member of the gang and that the personal affiliation warranted the name being used on the brewery’s drinks. The complaint explains that the brewery’s director “‘felt that Peaky Blinder was an appropriate name’ for Sadler’s new dark beer because the Peaky Blinder gang’s ‘well-known dark history’ ‘connected’ with the dark beer and she was interested in naming the beer after the Peaky Blinder gang in light of her family and Sadler’s history with the gang.”
In 2017, Sadler’s applied for a U.S. trademark for the name Peaky Blinders in an effort to claim rights to use the name with their beverages. The following year, Mandabach sent an official warning letter to the Brewery, yet Sadler’s proceeded to sell the drinks regardless.
Last week, Los Angeles federal court U.S. District Judge Consuelo Marshall denounced Mandabach’s bid that their rights were violated. Judge Marshall stated that Mandabach failed to prove that it had a protectable interest in the unregistered trademark. Judge Marshall explained that Sadler’s use of “Peaky Blinders” was "likely descriptive or suggestive of a television show regarding a group of persons named the Peaky Blinders." Judge Marshall also explained that Mandabach failed to prove that the similarly named show would cause confusion among the show's viewers and the brewery’s patrons. The complaint explains, “Plaintiff’s good is a television show whereas Defendants’ goods are whiskey. Therefore, the proximity of the goods factor does not favor finding a likelihood of confusion.”
The judge also explained that the production company would not face irreparable harm if the injunction was not granted. Judge Marshall points to the fact that Mandabach waited over two years until they decided to sue the brewery and that they waited nearly three years after they first sent the warning letter to request the injunction.
In response to the ruling, Sadler’s representing attorney, Anthony Dreyer of Skadden Arps Slate Meagher & Flom shared in a statement, “We are pleased with the decision, and Sadler’s will continue to vigorously defend and protect its brand rights.”
