US Court Rejects Challenge to Smirnoff Trademark.LONDON--(BUSINESS WIRE)--May 14, 1999-- United Distillers United Distillers was a British company formed in 1987 from combining the businesses of Distillers Company Limited and Arthur Bell & Sons, both owned by Guinness. The company owned six Scotch whisky brands, which were relaunched as the Classic Malts range. and Vintners (UDV), a subsidiary of Diageo plc, today announced that the US District Court for the District of Delaware has rejected claims by Boris Smirnov Boris Smirnov is the name of the following people:
The court issued a decision on summary judgement Noun 1. summary judgement - a judgment rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law after UDV filed a motion challenging Boris Smirnov's claims of unfair competition and trademark infringement Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). . These claims challenged UDV's rights to its SMIRNOFF trademarks in the US and its US advertising for SMIRNOFF vodka. "UDV has more than 2,000 registrations for its SMIRNOFF trademark in 144 countries," said Jack Keenan, UDV's Chief Executive. "This decision affirms our rights as the legitimate owner of the SMIRNOFF trademark." UDV has invested hundreds of millions of dollars over the years to develop the SMIRNOFF brand and now sells approximately 16 million cases of SMIRNOFF vodka every year. Note to editors: 1. UDV has owned and used the SMIRNOFF trademarks in the United States since 1939. The US is the largest single market for SMIRNOFF vodka. 2. The judge's opinion states: "Because the plaintiffs have failed to take sufficient preparatory steps to evince e·vince tr.v. e·vinced, e·vinc·ing, e·vinc·es To show or demonstrate clearly; manifest: evince distaste by grimacing. an immediate intent and an actual ability to enter the US market, they have failed to present this court with a justifiable case or controversy which is ripe for decision. Furthermore, because of their absence from the marketplace and their nebulous commercial interests, the court cannot conclude that they have standing to maintain their statutory claims. Finally . . . their action is barred . . . as a consequence of the severe financial and evidentiary prejudice suffered by the defendants resulting from the plaintiffs' unprecedented delay in bringing the suit." UDV is the world's leading spirits and wines company. Part of Diageo plc, it was formed in 1997 through the integration of the businesses of International Distillers & Vintners (previously part of GrandMet) and United Distillers (previously part of Guinness plc). In 1998, UDV reported operating profit Operating profit (or loss) Revenue from a firm's regular activities less costs and expenses and before income deductions. operating profit See operating income. of (pound)1,070 million on turnover of (pound)5.3 billion. UDV has an outstanding portfolio of world-famous brands including Smirnoff, the world's number one vodka, Johnnie Walker and J&B, the world's number one and number two Scotch whiskies, Gordon's, the world's number one gin and Baileys, the world's number one cream liqueur. The portfolio is completed in many important markets through UDV's trading and equity relationships with Moet Hennessy and Jose Cuervo, respectively owners of the world's number one cognac and champagne and the world's number one tequila. Diageo is a multinational branded food and drinks company that operates in more than 200 countries through four businesses - UDV, Pillsbury, Guinness and Burger King. Diageo ADRs, equivalent to four Diageo shares, trade on the New York Stock Exchange New York Stock Exchange (NYSE) World's largest marketplace for securities. The exchange began as an informal meeting of 24 men in 1792 on what is now Wall Street in New York City. under the symbol DEO DEO Deodorant DEO Diversification de l'Economie de l'Ouest Canada (Western Economic Diversification Canada) DEO Diversification de l'Économie de l'Ouest Canada (Western Economic Diversification Canada) . |
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