Brewery in trademark spat with Isle of Man government

Bushy’s Brewery, a beer company based on the Isle of Man, is embroiled in a trademark spat with the island’s government.

The company was hit with a legal warning by the Isle of Man government over the government’s ‘TT’ trademark, registered at the UK Intellectual Property Office (IPO).

Since 1998, Bushy’s has operated a beer tent at the Isle of Man TT Race, a motorsport event held annually since 1907 in the crown dependency, which is located in the Irish Sea between England and Northern Ireland.

According to broadcaster ITV, the government’s Department of Economic Development issued a warning in response to controversy over the brewery’s use of the “iconic initials” (TT) and said that it needs to protect the famous TT brand.

“Investment has been made in registering, monitoring and protecting third party use of the TT brand, logos and word mark to ensure the intellectual property rights of the TT brand is protected.

“The department recognises the value of Bushy’s contribution to the TT, and their commitment to entertainment is well known and enjoyed by visitors and locals alike. The department does, however, have an obligation to protect the official use of the TT brand,” it added.

The government responded after the brewery started a Change.org petition to let the brewery keep its ‘Bushy’s TT’ trademark.

At the time of writing the petition had 1,651 supporters.

The brewery filed a trademark for the term ‘Bushy’s TT’ at the IPO in November 2014. The mark was registered in March 2015.

It covers classes 25, 32 and 43, for goods including clothing, headgear, beer and a service to provide bar and catering facilities.

The Bushy’s TT brand is used on the company’s t-shirts and stickers at the motorsport event.

Bushy’s petition said: “Bushy's has been told by the Isle of Man government that it can't use the letters ‘TT’ because it's trademarked. Bushy's is synonymous with the TT, its beer and the beer tent.

“It also employs local people year-round, and contributes to the Manx economy. If the government believes in supporting the local economy, it should stop threatening legal action and let Bushy's  ... use the letters ‘TT’.”

On Tuesday, January 3, Bushy’s issued a press release from its Facebook page saying it had sought legal advice after the government’s warning.

“We’ve been informed by the Isle of Man government that they consider us to have breached their trademark on the letters ‘T.T.’—despite no objection being raised when we registered ‘Bushy’s TT’.”

Bushy’s added that the department is “demanding” that the company “stop using the letters” or else it will “pursue us in court and seek to overturn our registered trademark”.

Martin Brunnschweiler, managing director of Bushy’s, said: “It does put us in an awkward situation being told five months before the festival that we can’t use its initials.

“It’s been two years since we registered our trademark, so I would have thought it late in the day to start objecting now,” he added.