There is only room for one goateed pirate on the seven seas. Diageo, the makers of Captain Morgan rum, has filed a copyright and trademark infringement lawsuit against a psychedelic drug company and its mascot that looks a lot like Captain Morgan.

Diageo is the biggest spirits company in the world and owner of the Captain Morgan trademark and copyright that is used to promote the popular brand of rum. Captain Morgan started distributing his rum back in 1971 and has been keeping the 21 and older crowd entertained ever since.

According to Diageo, defendant Prep Enterprises distributes products that are of “questionable safety and doubtful legaility” that act as stimulants and psychedelics in the form of e-cigarette refills and herbal products. As part of the campaign to distribute these products, Prep uses Captain Amsterdam, as pictured herein. No doubt that Captain Amsterdam bears a very strong resemblance to Captain Morgan; they could be twins but are definitely brothers. Prep actually owns trademark registrations for the word mark and the image of Captain Amsterdam; Diageo did not oppose these trademarks when the applications were made by Prep.

Diageo is suing for copyright infringement over the look and design of Captain Amsterdam claiming that it is substantially similar to Captain Morgan; for trademark dilution claiming that Prep is tarnishing the CAPTAIN MORGAN marks; and they want the CAPTAIN AMSTERDAM trademark registrations cancelled. Diageo seeks its damages in an undisclosed amount and its attorneys’ fees.

Not only is Prep distributing questionable merchandise that could be considered illegal but used almost a clone of another company’s logo. On its website next to the CAPTAIN AMSTERDAM trademark, the company has put the © symbol signifying copyright when they should have put the ® symbol signifying a registered trademark. Seems they should consult some attorneys before making their next move in this litigation but it appears that Captain Amsterdam will be forced to walk the plank.

