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Trademark Battles: The Essence of the “Blenders Pride” Case 14 Aug 2025

The Core Essence

At its heart, this case was never about alcohol brands. It was about how far one can stretch trademark rights over a common word. The dispute clarified that generic or laudatory terms (like Pride) cannot be ring-fenced unless they have acquired distinctiveness.

The Key Principles

Whole Mark Comparison: Trademarks are judged in their entirety. You can’t snip out one word and claim monopoly.

Anti-Dissection Rule: Courts refuse to break marks into bits. They ask: What impression does the whole mark leave?

Dominant Feature Test: Protection rests on distinctive parts (like Blenders in Blenders Pride), not generic ones.

Average Consumer Test: The law cares about what a normal buyer with imperfect memory perceives — not a hyper-attentive lawyer.

Trade Dress Relevance: Colours, fonts, labels, and packaging matter just as much as words.

The Tests Applied

Imperfect Recollection Test: Would a consumer who doesn’t remember every detail confuse the two marks?

Secondary Meaning Test: Has the word (Pride) become so tied to one brand that people immediately think of it?

Likelihood of Confusion Test: Are consumers likely to believe both products come from the same source?

The Broader Takeaway

The case draws a fine line: you cannot monopolise the dictionary. To succeed in trademark battles, companies must rely on their distinctive elements, trade dress, and consistent branding — not just on one laudatory word.

In short: A brand’s strength lies in its uniqueness, not in its attempt to own common praise-words.
Published inBrand BuildingIntellectual Property LawTrademark