The family of the late AC/DC singer Bon Scott have won a legal battle with a sportswear brand over the rights to his name.
The Forfar-born rock star’s estate applied to register his name as a trademark for a range of merchandise in tribute to him.
They asked for exclusive rights to the name of the legendary frontman for a range of services including clothing, sunglasses, bags and wallets.
However, lawyers for Swiss-based Scott Sports opposed the application and said the name was too similar to their own ‘Scott’ trademarks.
The cycling and winter sports clothing specialist claimed customers could confuse items featuring Bon Scott’s name with their products.
‘No confusion’
The UK Intellectual Property Office (UKIPO), who rule on trademark disputes, has now found in favour of the Bon Scott Estate following a hearing and said the trademark can proceed to registration.
Scott, who died in 1980 aged 33, was raised in Kirriemuir, Angus, before his family moved to Australia when he was six.
In 1974 he joined AC/DC, which also featured Glasgow-born brothers Angus and Malcolm Young, and they became one of the biggest-selling bands of all time.
In a written ruling, the UKIPO trademark hearing officer said: “Taking all of the factors into account, bearing in mind the principle of imperfect recollection, I am satisfied that the marks are unlikely to be mistakenly recalled or misremembered as each other.
“The beginning of the marks tend to make more of an impact than the ends. Therefore I do not consider that the average consumer would overlook the distinctive and dominant word ‘BON’ at the beginning of the applicant’s mark.
“Consequently, I do not consider there to be a likelihood of direct confusion.
“I do not consider that there are any other logical examples of how the applicant’s mark could be indirectly confused with the opponent’s.
“I consider that having noticed that the trademarks are different, I see no reason why the average consumer would assume that they come from the same or economically linked undertakings. The marks are not natural variants or brand extensions of each other.
“Consequently, I consider there is no likelihood of indirect confusion.
“The opposition is unsuccessful, and the application may proceed to registration.”
Legacy of tragic singer
The Bon Scott Estate submitted evidence of his fame in the UK including details of AC/DC concerts and sale figures for albums.
They also said his death was “a major international pop culture event and to this day remains a touchstone of rock and roll history”.
Scotts Sports argued their trademark had “distinctive character” because they were a well known brand with sales of up to £15 million per year in the UK.
After losing the case, Scott Sports were ordered to pay £1,050 towards the Bon Scott’s Estate costs in the case.
Scott – who was born Ronald Belford Scott – died from acute alcohol poisoning following a night out in London.
He is celebrated every year at three-day Kirriemuir music festival Bonfest.
The Bon Scott Estate, which is run by his two brothers and his nephew, declined to comment.
Scott Sports were approached for comment.
