Marula is a medium-sized tree common in the woodlands of South Africa, the fruit of which is used for a well-known liquor.
The liquor is distributed worldwide. In the last 20 years in Germany, it has been sold under the trademark ‘Amarula’. There are registered trademarks for Amarula, covering both the word and different word/picture combinations.
In 2008, another company started to sell a liquor called Marulablu. The bottles in which this liquor is sold show different claims such as ‘Marula taste’ or ‘Marula fruit distillate’. The manufacturer of the original Amarula liquor challenged the fact that the Marulablu liquor was in fact made of the marula fruits.
The manufacturer of the Amarula liquor saw Marulablu as an infringement of several of its own trademarks, and furthermore asserted that the Marulablu bottle design could be attacked under unfair competition rules of passing off.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
Descriptive use, passing off, Amarula, Marulablu, honest practices