Drinks firm’s NI directors in trademark battle with Mariah Carey

An Irish drinks company is in the midst of a trademark row with pop diva Mariah Carey over her recently launched Black Irish cream liqueur.

The owners of Darker Still Spirits Co contend that they registered the name Black Irish as a trademark in the UK and all European countries before Mariah’s launch this month.

They claim that objections over their use of the brand from the Hero hitmaker are “unfounded”.

Northern Ireland businessmen Steven Pattison and Richard Ryan are directors of Darker Still Spirits Co, and co-founders of drinks brand business, Drinksology Kirker Greer.

Mariah unveiled her Black Irish tipple in a beach-based photo shoot, saying it was a reference to her dual heritage.

But David Phelan, of the Darker Still Spirits Company said: “Following a successful acquisition of the brand name that was filed with the relevant IPO office in 2015, we launched the original Black Irish whiskey brand in June 2020.

‘Unprecedented’

“It is a unique offering, named after, and created using Ireland’s two most famous exports – black stout and Irish whiskey.”

he added that it was “unprecedented” to have to defend the company’s entitlement to the trademark after 30 years of working in the drinks industry.

“We also call on Mariah Carey’s appointed agent to stop claiming trademark rights to other products owned by our directors, presumed as a tactic to undermine our wider businesses.”

Irish Cream is a geographical indicator under EU law. To qualify, it has to be produced on the island of Ireland and contain Irish dairy cream and Irish whiskey.

Mr Phelan said the company was now asking the singer’s team how an Irish Cream liqueur could have been produced in Ireland without the relevant EU trademark permissions.

He added: “What is certain is that we will continue fighting any trademark objection whilst also engaging with the European Commission in regards to specific legalities surrounding Irish cream production.

“This will provide clarity on the matter and resolve an unfortunate situation not of our making.”

The legal team for Mariah have challenged the trademark on the basis it had “not been put to genuine use within a continuous period of five years” following its original filing in July 2015.

But Darker Still Spirits’ legal team have evidence to the contrary, including design work completed in 2019 and initial test sales in Temple Bar.

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