The law firm has requested that Savant Spirits sends them all of its stock of the rum, pulls existing stock from retail and stops importing the product. Savant Spirits says the law firm has also contacted the distillery in Holland that makes Flying Dutchman No.3 and is pursuing the case in the EU.
Savant Spirits and the Zuidam Distillery are currently working together to decide on their course of action.
Why Flying Dutchman, but not Bundaberg, Jack Daniel's or Pimms?
But both Savant Spirits and the Zuidam Distillery wonder why legal action hasn't been taken by Berry Bros. and Rudd over products like 'Bundaberg Distillers No.3 Rum', Jack Daniel's 'Master Distiller Series No.3' or 'Pimm's No.3 Winter Cup Liqueur'.
"You have to wonder why a large company like Berry Bros. and Rudd is pursuing a craft, small-batch distiller, but hasn't addressed Bundaberg, Jack Daniel's or Pimm's, who have all used the No.3 on their products," Savant Spirits cofounder Ben Luzz told drinks bulletin.
"It really feels like a case of David and Goliath, where the big company is picking on the little company. It seems ludicrous."
Savant Spirits has spoken with TradeMarks Australia, which says that Berry Bros. and Rudd owns the international trademark to No.3 within gin, but not rum. Savant Spirits and the distillery are hoping this may help them in their fight to keep the name Flying Dutchman No.3.
"Even though we have a leg to stand on, if we have to pursue court action, it could just cripple the business," Luzz continued. "We're just trying to get good booze to consumers and we can't believe that something as silly as this, where the average person wouldn't assume if they asked for a No.3 that they would get Flying Dutchman, could have such an impact."
Master Distiller at the Zuidam Distillery, Patrick van Zuidam, also spoke to drinks bulletin. He said, "It is despicable that the big boys at BB&R are taking such an aggressive stance against us and positively ludicrous that they would think consumers would confuse the two products.
"Ours is a hand crafted pot still rum while theirs is an industrially made gin at one of the largest distilleries in Holland”.
Savant Spirits is planning on covering the No.3 on labels until a further decision has been made.
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