March 25, 2011
The UK company, Innocent Limited, famous for its fruit smoothies, in involved in a trade mark dispute with the owner of a small children’s vitamin producer of the same name.
After the vitamin company had applied to register its name and logo as a trade mark at the Intellectual Property Office, the smoothie company wrote to it asking it to withdraw its application and re-brand its business. This was on the basis that the vitamin company’s use of the name is infringing its registered trade mark and causing confusion on the part of the public.
As yet, no legal action has been brought, although if the vitamin company fails to comply with the warning, Innocent Limited may issue legal proceedings against it.
The case shows the importance of carrying out adequate checks when setting up a business. If a name is chosen that conflicts with another well known brand, there could be problems later on, if the other company discovers the conflict. It is better to avoid any potential legal disputes which can be costly and time consuming to settle.
A commercial solicitor can provide further advice in relation to trade marks.
