Sunderland brewery drops logo registration after Mercedes-Benz legal letter

Sunderland-based Wear Beer produces cask ales from the cellar of The Ship Isis, Silksworth Row. Behind it is Valencia-born Julio Romero Johnson, a Sunderland resident for a decade.

The brewery’s logo includes a three-pointed red star. The star is inspired by the emblem of the International Brigades, who fought Fascism during the Spanish Civil War.

However, Mercedes-Benz say the logo is too similar to theirs and contacted the Intellectual Property Office (IPO), via solicitors. Mr Romero Johnson stopped the registration process on October 20.

The Echo contacted Mercedes-Benz for a comment on October 13. No reply came until October 26, the day after the story was published by national media. The company apologised for the slow response.

The statement said: “Mr Romero Johnson withdrew his trade mark application before we had the opportunity to respond to him and at no stage did we threaten him with costs.

"As far as we are concerned the matter is now closed.”

Mr Romero Johnson confirms that Mercedes-Benz has not contacted him directly. However, on September 21, he received a Notice of Threatened Opposition from the IPO; after it had been contacted by solicitors acting on behalf of Mercedes-Benz.

Other IPO correspondence, also dated September 21, said: ‘If you withdraw before an opposition is received, you will avoid incurring any liability for costs, adding ‘if the filer opposes your application and they are successful, you are normally ordered to make a contribution towards the opponents’ costs’.

The car company’s solicitors contacted Wear Beer to say: “Our client would like you to withdraw the application by 21st October.”

That has now happened but, happily for Wear Beer, they can continue using the logo, although they can’t register it.

Mr Romero Johnson said: “I don’t know how these things work, so I’d rather just stop it.

“I understand, from what I’ve read in the press, that they’re not taking it any further. So I’m not going to register the logo, but still use it. As I understand it they would have to send a ‘cease and desist’ letter.

“It would have been nice if they’d responded to my email.”

The ensuing publicity from the affair has, ironically, given the Wear Beer logo a national profile.