Isle of Man government and brewery agree co-existence deal in TM spat
The Isle of Man government and Bushy’s Brewery, a beer company based on the island, have jointly announced a trademark co-existence agreement centring on the term ‘TT’.
Yesterday, January 5, WIPR reported that Bushy’s Brewery had been hit with a legal warning by the Isle of Man government, which owns the ‘TT’ trademark, registered at the UK Intellectual Property Office (IPO).
The brewery filed a trademark for the term ‘Bushy’s TT’ at the IPO in November 2014. The mark was registered in March 2015 and is used on the company’s t-shirts and stickers at the Isle of Man TT Race.
Bushy’s has operated a beer tent at the motorsport event, which has been held annually since 1907 in the crown dependency, since 1998.
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 needed to protect the famous TT brand, according to broadcaster ITV.
In response to the threat, Bushy’s started a Change.org petition to win public support to keep using its trademark at the annual motorsport event.
WIPR has now obtained an official statement from both parties explaining that a joint meeting was held and an agreement reached.
The statement said that an agreement had been reached in principle to “allow the continued use of the ‘Bushy’s TT’ trademark under a proposed co-existence agreement”.
Rob Callister, member of the department with responsibility for motorsport, said: “We have had a very productive meeting and the department has again confirmed the value and importance that Bushy’s brings to the festival through its long-standing support.”
He added: “We will always look to question the commercial use of the trademarks the department has when it becomes aware of a potential issue, and I am pleased we’ve been able to reach an agreement that will continue to protect our commercial activities recognising that both parties do today have registered trademarks.”
On January 5, Bushy’s also released an official statement on its Facebook page, where it said that “both [parties] will be able to coexist in future, each recognising the other's intellectual property rights”.
Martin Brunnschweiler, managing director of Bushy's, added: “I am pleased that we have been able to secure a swift and amicable agreement to this issue.
“Bushy's clearly recognise the value of the TT festival to the island, and supports the need for the department to protect it for all of our benefit in the long term.”
