But Mr White, from Middleton-in-Teesdale, decided to fight on, and in submissions to the Intellectual Property Office (IPO), he argued that it was ludicrous to suggest anyone would mix up the two products.
He pointed out that one was a spirit distilled in the United States, while the other was a beer brewed in a village in North East England.
He also dismissed suggestions from Campari that the two logos were similar, pointing out that Skyy was even spelt differently.
Now following an 18-month legal battle in which Mr White largely represented himself against a top City law firm, officials from the IPO have thrown out Campari’s objection and have allowed Mr White to register Dark Sky Brewery as a trademark.
In its ruling, the IPO said it “did not consider that the common element, being the word Sky is so strikingly distinctive that the average consumer would expect only one undertaking to be using it”.
‘Low degree of similarity’
The ruling went on: “Beer is a long drink with lower alcohol content, whilst vodka is a short drink with a higher alcohol content. In my view, they will be perceived as relating to different sub-categories of alcoholic beverages.
“In terms of the purpose, they may all be consumed by the same users for a pleasurable drinking experience (which may include the intoxicating effects of alcohol).
“The method of use will also overlap at a very general level to the extent that they are all drunk. However, the applicant’s goods are a long drink, likely to be consumed slowly, whereas the opponent’s goods are a short drink, likely to be consumed as a shot or mixed with a soft drink to create a long drink.
“There may be some degree of competition between the goods, but given the differences between them, I do not consider that the competitive choice between beer and vodka is commonly made. Taking all of the above into account, I find that there is a low degree of similarity between the goods.”