(TDB) - Diageo has launched a lawsuit accusing a nutritional supplement retailer called Captain Amsterdam of infringing on its own trademark for Captain Morgan rum.

Diageo North America has launched legal action against Captain Amsterdam, which is owned by Prep Enterprises LLC, in New York, as reported by Law360.

The global drinks producer claims its logo, which features a red-hatted pirate with a cape, long hair and moustache, too closely resembles its own Captain Morgan logo.

The company doesn’t sell rum, but food supplements including vitamins, mineral, herbs, homeopathic remedies and beauty treatments.

It previously sold kratom leaves – which are used as an alternative by opiate addicts – under the banner Captain Kratom. However the website states that it no longer sells this product.

Consequently, it claims Captain Amsterdam’s “similar” logo is causing “irreparable injury” to Captain Morgan’s trademark.