Harringay, Haringey - So Good they Spelt it Twice!
Advice Wanted for Local Business Being Bullied by Trademark Lawyers
A loved and valued local business operating from a Harringay shop front for fifteen years was contacted yesterday with a demand that they change their business name or face legal action.
Without identifying the business at this stage, I can say that I'm surprised to hear this news. The name is descriptive. It's not Cafe Lemon, but the name is descriptive in that sense.
Apparently the trademark owners have only recently started operating under the name they're claiming.
My uninformed opinion is that they're probably on a fishing trip to see if they can bully a small business out of a name they've taken a shine to. However, I know how complex these situations are and the owner really does need some professional advice in place of the 'bloke in a pub' style opinion that I'm able to offer.
Is there anyone out there who can help out? I'm not looking for sales pitches at this point, but will be happy to say a very public thank you to any firm or person who can help out.
Replies to This Discussion
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Permalink Reply by Christopher Fowler on
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I remember reading a lot about this during the run-up to the Olympics (where everything was complicated by the fact the IOC had blackmailed the UK government into enshrining in a specific law the "trademark" or "copyright" to use certain Olympic-related terms etc). However, I've also read about countless instances, not just relating to retail shops, but also websites, book titles - almost anything that can have a name on it - and it's usually just the "trademark holder" trying it on, with the assistance of expensive bullying lawyers. On the other hand, that is just my "bloke in the coffee shop down the road" opinion. Hope the shop concerned can get some good advice and see off these bullies.
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Permalink Reply by Pete Thorniley on
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Hi Hugh,
I'm a patent attorney, which means that while trade marks aren't my specialist area I do have some general IP knowledge and may be of some use. Happy to discuss over the phone if required. I also work with trade mark attorneys and may be able to arrange for a bit of free advice from someone who actually knows what they're talking about.
I won't advertise my firm and phone number here, since I haven't actually been of any use as yet, but please feel free to contact me privately if you'd like to put us in touch.
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Hi,
Not quite legal advice but a pub in my old town of Southampton called 'The Hobbit' recently had similar issues - http://www.bbc.co.uk/news/uk-england-hampshire-17350103. A media storm whipped up and I think either an amicable solution or a backdown was achieved...
Not quite advice, but maybe offers some hope?!
Andy
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Permalink Reply by Bethany Burrow Atherton on
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Hugh - I'm sending you an e-mail.
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