Dirty Deeds Done Dirt Cheap: Bike manufacturer Scott loses trademark case against late AC/DC singer’s estate

“Businessman, when you make a deal, do you know who you can trust? Do you sign your life away, or do you write your name in dust?” Swiss bike manufacturer Scott Sports may have been advised to pay more attention to the lyrics of AC/DC’s ‘Dog Eat Dog’, the first single from the Australian band’s classic 1977 album, Let There Be Rock, after losing a legal dispute with the family of Bon Scott over trademark rights to the legendary frontman’s name.

The estate of the Scottish-born singer, who died in tragic circumstances in 1980 at the age of 33, just months after AC/DC’s long-awaited American breakthrough with Highway to Hell, had sought to register his name as a trademark for merchandise, including a line of clothing, sunglasses, and bags, Scottish Legal News reports.

However, cycling and sportswear company Scott – which supplies the bikes currently being raced at the Tour de France by Team DSM – contested the application, claiming that the ‘Scott’ trademark was too similar to their own and could potentially lead to “customer confusion”, ostensibly between their range of aero bikes and wallets bearing the name of a hard rock icon.

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During the case, Scott Sports argued that their trademark had a “distinctive character” thanks to the brand’s well-known status and its annual sales of £15 million in the UK.

On the other hand, Bon Scott’s estate pointed to evidence of the frontman’s fame in the UK, where AC/DC secured their first international success outside Australia in the mid-1970s, and where a three-day music festival commemorating his legacy, called Bonfest, is held every year in his hometown of Kirriemuir.

The family further contended that Scott’s untimely death, in the back of a car following a night out in London, was “a major international pop culture event and to this day remains a touchstone of rock and roll history”.

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This week, the UK Intellectual Property Office (UKIPO) ruled in favour of the late singer’s estate, managed by his two brothers and nephew, allowing the trademark to proceed to registration.

In a written verdict, the UKIPO hearing officer said: “I am satisfied that the marks are unlikely to be mistakenly recalled or misremembered as each other. I do not consider that the average consumer would overlook the distinctive and dominant word ‘Bon’ at the beginning of the applicant’s mark.

“Consequently, I do not consider there to be a likelihood of direct confusion. I consider that, having noticed that the trademarks are different, I see no reason why the average consumer would assume that they come from the same or economically linked undertakings.”

Scott Sports have also been ordered to contribute £1,050 towards the estate’s legal costs.

While Bon Scott may have spent his short but iconic career singing about down payment blues and how it ain’t no fun waiting ‘round to be a millionaire, in 2023 a Swiss bike firm certainly learnt that it’s a long way to the top, if you wanna rock ‘n’ roll…