HONOLULU — A Sweden-based beverage company has opposed the trademark application filed by a Hawaii company for a coffee product.
Attorneys for The Absolut Co. filed a notice of opposition for the application last year, arguing that Kaholo Coffee is “confusingly similar” to the company’s product, Kahlua Coffee Liqueur, the Honolulu Star-Advertiser reported Tuesday.
Owen O’Callaghan, owner of Hawaiian Happy Cakes, submitted the trademark application to the U.S. Patent and Trademark Office in March for the name of his coffee grown and roasted on the Big Island. The company sought the trademark as it aimed to market its coffee internationally.
The notice from Absolut, which is also known for its vodka, states Kaholo Coffee is “extremely similar to KAHLUA insofar as both marks begin with ‘KAH,’ contain an ‘L,’ end with a vowel, contain three syllables, and otherwise have very similar overall impressions.”
O’Callaghan said he was surprised by the opposition, noting that the word kaholo is Hawaiian while the word kahlua is not.
“They said the two names sound identical,” O’Callaghan said. “Anyone who has ever lived here or visited here will laugh at that. What this is, is a small Hawaii company being bullied by one of the largest liquor companies in the world.”
Attorney Louis Ederer said his client, The Absolut Co., would not comment on pending legal proceedings.
Absolut through its attorney demanded that O’Callaghan cease using the kaholo name, withdraw its trademark application, acknowledge the beverage company’s trademark standing and promise not to file any future applications for a Kaholo Coffee trademark.
O’Callaghan rejected the demands.
The two companies have moved into arbitration after rejecting settlement proposals. O’Callaghan is representing himself.
“I have no intention of backing down,” O’Callaghan said.