Sadler’s Brewhouse, Halewood Win Denial of Preliminary Injunction

On May 19, on behalf of Sadler’s Brewhouse Limited and Halewood Wines & Spirits Inc., Skadden successfully defeated a motion for preliminary injunction seeking to enjoin the companies from distributing, marketing and selling their Peaky Blinder Irish Whiskey in the United States. The plaintiff, Caryn Mandabach Productions Limited (CMPL) — producer of the BBC and Netflix series “Peaky Blinders” — alleged that Sadler’s and Halewood’s use of the Peaky Blinder trademark for their Irish whiskey infringed CMPL’s rights and was likely to cause confusion among consumers. U.S. District Judge Consuelo B. Marshall of the Central District of California found that CMPL failed to establish that it owned a valid trademark and, even if it could, had failed to establish a likelihood of confusion. The court also ruled that, as a result of waiting two years to bring the motion, the plaintiff could not show irreparable harm.