Anti-Alcohol Charity Attempts to Litigate Use of ‘Dry January,’ Stirring up Legal Battle With Alcohol-Free Brewers

(Photo: Big Drop Brewery)

A recent court ruling has thwarted an attempt by charity organization Alcohol Change UK to trademark use of the phrase “Dry January” under certain conditions.

The nonprofit first registered the term in 2014 for a sobriety initiative dubbed Dry January for Alcohol Concern. Thanks to social media and a youth-led wellness craze, the slogan has picked up like wildfire. In the decade since, it has gained traction not only with consumers but also within the growing category of zero-alcohol brands. Just as the term was trending to new heights, Alcohol Change UK sent out several cease and desist letters attempting to ban its commercial use.

One recipient of these letters was Big Drop Brewing Co., which challenged the trademark application in court.

The brewer — which specializes in a range of alcohol-free IPAs, lagers, ales and stouts — successfully argued that banning the use of Dry January would be antithetical to Alcohol Change UK’s stated goals. Big Drop stated the phrase has essentially become “generic within the low and no-alcohol sector.”

“High-quality alcohol-free drinks give people a reason to go and support the hospitality industry in January and reward retailers who go large on their seasonal displays,” Big Drop founder Rob Fink said in court. “Many brands are pretty much aligned with Alcohol Change UK on the need for effective work towards reducing alcohol harm, so it makes sense to work together and not put up unnecessary barriers.”

Despite its litigation efforts, Alcohol Change UK is not believed to have originated the slogan.

According to a majority consensus of sources, the first recorded mention of “Dry January” is credited to Frank Posillico in 2008. A businessman from Huntington, New York, Posillico went viral for describing his experience of dramatic weight loss after only a month of sobriety. Five years after Posillico’s story took the Internet by storm, the term was picked up by Alcohol Change UK and used to headline a national campaign across the pond.

Judge Judy Pike ultimately ruled in favor of Big Drop Brewery Co., ordering Alcohol Change UK to pay a $2,285 contribution toward the brand’s legal costs.

However, though brewers and distillers are now allowed to use “Dry January” in their marketing materials, Alcohol Change UK still retains its trademark over the term’s use in brand names.

“Any company that chose to name a product ‘Dry January pale ale or whatever’ would almost certainly be seen to be passing off our trademark and would still be very likely committing a trademark breach,” said Dr. Richard Piper, chief executive of Alcohol Change UK.

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