IT was a European match which looked like being an easy victory for the Scottish team, for once.

But now Aberdeen FC have lost a court battle with a Spanish sherry-maker over the right to call their own brand of Scotch whisky the 'Dons Dram' - because the drinks company own the copyright.

The Scottish Premiership side, nicknamed The Dons, launched the blended whisky called in partnership with a local distillery, a move many clubs have made as they seek to cash in on their image.

But when the club applied to register the name of the Scotch as a trademark to protect its brand drinks firm Sandeman objected to the move.

The Herald:

Sandeman produce a Spanish sherry called 'Don Fino' featuring a caped nobleman on the label, and their lawyers said the application overlapped with their registered trademark and people could confuse the two businesses.

They claimed that Aberdeen could benefit from this confusion, and called for their application to be blocked.

Incredulous Aberdeen officials argued the club were formed in 1903 and had been affectionately known as The Dons for more than a century.

But the UK Intellectual Property Office (IPO), who rule on trademark disputes, found in Sandeman's favour after ruling that the vast majority of the public wouldn't be aware of Aberdeen's nickname.

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The club have been ordered to pay Sandeman £1,500 in legal costs following the conclusion of the hearing.

In a written ruling, trademark hearing officer Chris Bowen decided that most people would be unaware of Aberdeen's alternative moniker.

He said: "The applicant has provided evidence indicating that it has been known as 'The Dons' since at least 1909.

"While I accept that it may be known in this manner by some average consumers who have an interest in football, I think it far more likely that the vast majority of those interested in football (let alone amongst those with no interest in football) would make no association between the applicant and the words 'The Dons'.

"A substantial number of such customers are, in my view, likely to assume that the opponent's business is now also conducting a trade in whisky related products, by reference to its "DON" trade mark.

"The fact that the applicant may have been known by some as 'The Dons' since 1909, in relation to its football related activities, does not assist the applicant."

The Herald:

In evidence to the IPO hearing, Aberdeen's legal team said: "The applicant is one of the best known Scottish football clubs in the UK and internationally, thanks to their record of being the only Scottish team to have won two European trophies and beating Real Madrid in the European Cup Winners Cup Final in 1983 as well as their association with previous famous managers and players including Alex Ferguson, Willie Miller, Alex McLeish and Gordon Strachan.

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"Aberdeen itself is Scotland's third most populous city and The Don is also the name of the river which runs through the city.

"The name DONS or THE DONS is therefore already associated in the mind of the UK public with the applicant and as the goods covered by the contested application are restricted to whisky made in Scotland these connotations would immediately be brought to mind and would allow the public to readily distinguish the applicant's products from the Spanish sherry produced by the opponent."

A statement submitted to the hearing by Sandeman's lawyers said: "The opponent has invested a significant sum in marketing and promotional activities within the UK to build up a reputation in its THE DON trade mark.

"Any connection made by consumers between the opponent's established product range and the applicant's goods is likely to cause detriment to the reputation of the opponent's trademarks, particularly if the applicant's products are of lower quality than the opponent's products.

"As there is in fact no economic relationship between the applicant and the opponent, the opponent does not have any ability to exercise quality control over the applicant's product which could result in detriment to the opponent's mark."

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The ruling means Aberdeen will have to change the name of their whisky or apply to Sandeman for permission to use it.

Their whisky, which is made by the Bennachie Scotch Whisky Company, was launched in 2016 and is sold in the club shop.

An Aberdeen FC spokesman said: "We are surprised and disappointed by the ruling.

"We don't understand how the two products could be confused but we will accept the decision and move on."