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March 2015
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Trademark row gets Hazy Hogs Back Brewery begins court proceedings over what it believes is an infringement to its Hazy Hog cider trademark by drinks industry giant Magners GB, which has launched its very own Shepton’s Cider Hog dispenser brand By Jennifer Morris
jennifer.morris@trinitymirror.com
The Hogs Back Brewery owner Rupert Thompson, pictured in 2013 at the launch of the brewery’s Hazy Hog cider. Picture: Alistair Wilson.
A SURREY brewery has made the decision to take on a drinks industry giant in the courts. Last month, Hogs Back Brewery started proceedings in the High Court of Justice Chancery Division – the intellectual property enterprise court – against Magners GB, which it believes has infringed its cider trademark, Hazy Hog. Hogs Back launched Hazy Hog in March 2013 as a ‘distinctly different cloudy cider’. The owner of the Tongham-based brewery, Rupert Thompson, said: “We believe the name and branding clearly indicate its distinctive character and firmly position it as part of the established Hogs Back range. We registered the name in Trade Mark Class 33, for cider, to complement our other rights in the name. The brand has been well received and is growing. “Magners business, Shepton Cider Mill subsequently launched a cider product in a portable barrel in June 2014. They branded it Cider Hog and registered that name in relation to refrigerated packaging in Trade Mark Class 11, as opposed to Cider, in Class 33. We believe that in practice most customers would see the name Cider Hog as a trademark for the cider, rather than the packaging that contains
it, and Magners are therefore using the name in relation to cider, which is in direct conflict to our registration. “Additionally, they are using a name and imagery which is similar to ours. Over the past seven months we have tried to find a solution which would satisfy both parties, but without success. “Regrettably, we have turned to court proceedings but still hope that discussions may generate an acceptable resolution.”
‘We believe the [Hazy Hog] name and branding clearly indicate its distinctive character and firmly position it as part of the established Hogs Back range.’ Rupert Thompson Hogs Back Brewery was founded in 1992 in the heart of what is a traditional hop growing area of the county. Its flagship brand TEA, or Traditional English Ale, is a leading independent ale in Surrey and increasing in popularity throughout London and the South East, as well as being sold in supermarkets. The company’s range has won many awards and also includes cask ales Snout and Ripsnorter, as well as bottled beers OTT and A over T. More recently, the brewery launched a long-matured craft lager, Hogstar, as well
as the Hazy Hog. The brewery planted its own hop field last year on neighbouring land, bringing the traditional – but near-extinct – White Bine hop variety back to Surrey. In response to Hogs Back’s comments, the C&C Group, which owns the Magners brand, said in a statement: “We do not believe that there is any possibility of confusion between our dispenser, Shepton’s Cider Hog, sourced from our well-known Shepton Mallet Cider Mill, and bottles of Hazy Hog cider. “One is a drink and the other a dispenser, and there is no similarity in design. “We have sought to settle this amicably for some time and we are still open to discussion, but if that does not turn out to be possible then we are confident of successfully defending the claim and our trademark”. Mr Thompson began his career at Bass Brewers, where he was brand director, marketing Carling lager. In 1999 he established beer marketing business Refresh UK and purchased the Ushers and Brakspear brands as well as Wychwood Brewery, developing the Hobgoblin ale brand. He sold Refresh to Marston’s in 2008 and acquired Hogs Back Brewery in 2012. Mr Thompson was also a co-founder of both Cask Marque and the Beer Academy.
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