Absolut Vodka Takes Legal Action Against Absolute Radio

Pernod Ricard, owner of Absolut Vodka, has started legal proceedings against Absolute Radio for the use of the brand name Absolute.

MediaTel NewsLine understands that court documents were lodged earlier this week, giving Absolute Radio 14 days to respond.

A Pernod Ricard spokesperson said: “We confirm that we have filed a complaint (at the High Court of Justice, Chancery Division in London). The reason for the complaint is that we see a risk for confusion, and consider this as passing-off.

“Furthermore, Absolute Radio targets a wider and younger audience than Absolut Vodka in different media channels. As there is a risk for confusion consumers can perceive this as undue advertising to young people who are not of legal drinking age, which goes against the efforts of Absolut Vodka as a responsible spirits brand.”

According to Absolute Radio, two separate legal proceedings have been launched by V&S, who are a subsidiary of Pernod Ricard, in a trademark registration dispute against the company over the Absolute brand name.

The second proceeding is in regards to one of the trademarks that Absolute Radio International owns, namely “AR-UK Absolute Radio UK create-enhance-realise”. ARI has been operating since 2001 and has used this trademark since 2003.

Three of the key personnel of the consultancy are now core members of the Absolute Radio management team, namely Clive Dickens, Adrian Robinson and Donnach O’Driscoll.

After lengthy branding discussions, the name Absolute Radio was decided upon due to the previous heritage in the international radio industry and its suitability for the station.

An Absolute Radio spokesperson said: “We absolutely believe that the two brands can exist alongside each other and that our 5 million listeners can distinguish between a vodka brand and a radio station.

“We hope for a swift resolution to this situation and remain 100% committed to our exciting plans for Absolute Radio.”

The Times of India Group bought the station, formerly Virgin Radio, for £53 million at the end of June from the Scottish Media Group (see Virgin Radio Sale Confirmed).

Shortly after the deal was completed, Virgin Radio was re-branded as Absolute Radio – the station revealed its new name live on air on September 2nd (see Virgin Radio To Become Absolute).

At the time, O’Driscoll, CEO of Absolute Radio, said: “Absolute is a brand that is unapologetic, cheeky and infectious with a long term brand building and investment strategy behind it.”

“We are going to develop this brand, with radio at its core, and diversify the business and revenue opportunities into other related areas. Our ambition is international – this is just the start.”

Pernod Ricard acquired the rights to the Absolut Vodka brand in 2007, which is currently the world’s fourth largest brand of spirits and the “leading brand of Premium Vodka”, according to the company.

The brand name Absolut Vodka was first introduced in 1979 and has experienced rapid growth ever since, selling 11 million 9L cases in 2007, up from just 10,000 in 1979.

Absolut also sponsors a number of events, including ‘Absolut Kravitz’ – a music project, which saw Lenny Kravitz create an exclusive new track based on his interpretation of the Absolut brand.

News of the legal action against Absolute Radio comes as the station launches its first TV advertising for its £15 million re-brand.

The series of nine TV ads, created by ad agency Albion, features the new face of its Absolute brand – a station security guard called Doug.

Absolute Radio: www.absoluteradio.co.uk Absolut Vodka: www.absolut.com Pernod Ricard: www.pernod-ricard.com