‘No, It’s Not Fair’: Craft Gin Brand Takes Stand Against Energy Drink Giant in Trademark Dispute Over the Word ‘Mother’

A craft gin brand with a name referencing gin’s 18th-century history is in a trademark battle with a U.S. energy drinks company. (Photo: Mothers Ruined)

In a notable trademark clash, New Zealand-based craft gin business Mothers Ruined has become entangled in a legal dispute with Energy Beverages LLC, the manufacturer of Mother Energy drinks. The contention revolves around Energy Beverages asserting trademark dominion over the term “mother.”

As reported by 1 News on Thursday, Mothers Ruin originally submitted its name application in January 2022. However, shock ensued for its owners when, months later, the Intellectual Property Office notified them of the objection.

Mothers Ruined founders Jo Davy and Helen Gower initially contemplated rebranding, acknowledging the potential fiscal strain of legal warfare. Yet, aided by pro bono legal support, they resolved to contest the objection, reasoning out the nature of the term “mother” in a legal context.

“Our first thought was this is going to be expensive, and we were intimidated,” Davy said, per 1 News. “We were new to business and new to trademarking and intellectual property matters. We thought we should back off and change the name.”

“It feels fundamental to us that the word mother should not be contestable in a legal sense.”

“We know the company has contested other companies as well with a similar name, so we want to stand up and say, ‘No, it’s not fair.'”

The impending hearing at the Intellectual Property Office tribunal, scheduled for later this year, looms as a critical juncture. Should the decision prove unsatisfactory to either party, an avenue for appeal at the High Court awaits.

“One of the elements for a trademark case to be successful is there has to be deception and confusion,” said Kate Duckworth, the intellectual property lawyer representing Davy and Gower. “I don’t believe Mothers Ruined is a threat to the energy drink business, as they are not competing products.”

Mothers Ruined, with its name referencing “mother’s ruin,” a term related to the 18th-century British moral panic surrounding women and gin, is unwavering in its commitment to this legal endeavor. Davy and Gower, despite their status as a modest entity challenging an industry giant, expressed steadfast determination in their pursuit of justice.

“We are resolute we are going to see this through and hopefully prevail,” Davy concluded, according to 1 News. “As a tiny company taking on an enormous American company, we are proud of ourselves, and we are not giving up.”

About ‘Mother’s Ruin’ and Gin

The term “mother’s ruin” originated in 18th-century England, specifically during the Gin Craze. It refers to the moral panic surrounding the consumption of gin, particularly by women.

The affordability of gin, coupled with lax regulations, led to widespread overconsumption. The negative impact of gin on society was highlighted in various moralistic and satirical publications of the time, contributing to the development of the term “mother’s ruin.” The phrase implies that excessive gin consumption could ruin not only individuals but also families, as it was often associated with neglectful parenting and social problems.

While “mother’s ruin” may have originated as a cautionary phrase reflecting societal concerns about gin consumption, it has since become a more affectionate and somewhat playful way to refer to the popular spirit.

In February, Shakespeare Distillery, the only distillery operating in the U.K.’s Stratford-Upon-Avon, unveiled an offering called Mother’s Ruin Dry Gin. Remarking on its new spirit’s name, the business explained it is a “humorous nod to London’s disreputable history of gin drinking.”

“Yet unlike the dubious spirit coined ‘Mother’s Ruin’ during the 18th century,” Shakespeare Distillery added, “our version is far tastier.”

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