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3 September 2013Trademarks

Swedish beer company loses out to Jägermeister in trademark dispute

A Swedish beer company has lost a trademark battle with the makers of German drink Jägermeister after officials ruled its name was too similar.

The beer, called Jägarol After Hunt, was awarded a trademark by Sweden’s Patent and Trademark office (PRV).

However, following complaints from Mast-Jägermeister AG that the name was too similar, and thus could cause confusion, the PRV reversed its ruling.

Jägaröl, which is Swedish for ‘hunter’s beer’, was previously sold in 60 outlets of the country’s government owned liquor store, Systembolaget.

The beer’s creator, Magnus Jensen, was not available for comment.  However, he told Sweden’s Metro newspaper the dispute was “totally ridiculous.”

“Jägermeister is trying to crush a little, local brewery. I’m not a threat to them and it’s impossible to get us mixed up,” he said.

Peter von Heidenstam, managing partner at Heidenstam Legal Advokat AB, in Stockholm, said, given previous cases, the ruling did not come as a surprise.

“In 2003, The Court of Patents Appeal invalidated the trademark Jägerbrannvin (Hunter Vodka) since it was regarded as confusingly similar with Mast Jägermeister AG's trademarks.

“The Swedish Supreme Court came to the same conclusion in 2003 and the trademark Jägerbrannvin was considered infringing.”

Von Heidenstam added that he believed Jägermeister, which translates as ‘hunting master’ was right to dispute the trademark and remain vigilant when protecting the ‘Jager’ trademark.

“In Sweden the trademark Jägeris protected by registration for inter alia beer. It is also considered as a well-known trademark. There have been a number of attempts to sponge on Jägermeister's reputation by using trademarks that have the word Jäger included.”

The case is similar to a dispute in the UK earlier this month when a brewery called Redwell was threatened with legal action by the owners of energy drink Red Bull amid claims the names would be confusing.

Jägermeister did not respond to requests to comment.

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