Jägermeister’s new advertising push may bomb as TM infringement claim made

Jägermeister are known as the creator of an herbal liquor regularly drunk in bars and pubs up and down the country combined with energy drink, as a Jäger bomb.

However, it seems the drink brand wants to expand its reach and re-invent its image as it has embarked on an image re-brand.

This re-brand may have got them in deep water however, as it has resulted in them being on the receiving end of a trade mark infringement claim.

The whole saga is in relation to the use of ‘Kühl’ in their new advert.

Alfwear, an outdoor clothing company, owns the US ‘Kühl’ mark in respect of clothing and has argued that the use of the word by Jägermeister has infringed and diluted their registered trade mark.

The use referenced includes using the terms “Kühl as ice” and “drink it ice Kühl” within their online advertising campaigns.

‘Kühl’ is the German word for ‘cool’ and has also been used in relation to a new bottle and updated label since June.

The complaint states ‘Jägermeister has engaged in its wilful infringing activity despite having constructive notice of Alfwear’s federal registration rights”.

It added that this was done with the intention of “misleading, deceiving or confusing customers”.

The claim asks for injunctive relief, account for profits and damages.

Time will tell if a popular late night beverage will have to have a complete brand re-think.

By Ellis Sweetenham