Battle of the brands: why trade mark protection matters and proactive brand protection is essential

Recent media coverage has brought several trade mark disputes into the public eye, each demonstrating how brands can become vulnerable when trade mark protection is unclear or poorly managed. While many trade mark disputes often happen behind the scenes, a few recent cases have spilled into the public eye, impacting restaurants, publishers and even the return of a nostalgic 90's television character.

SpudBros

The first example concerns a dispute between the fast-growing SpudBros and a rival business trading as "The Spud Father". SpudBros had previously secured various potato-related trade mark registrations, including a trade mark for "The Spudfather" covering food-related classes with the intention to protect its expansion plans. When a rival business called The Spud Father later filed its own application to register its name as a trade mark SpudBros were notified and objected to the application. The rival business claimed that it invested substantially in branding before becoming aware of the prior registrations, while SpubBros maintains that its trade mark strategy was necessary to protect its expansion plans and prevent customer confusion. Ultimately, The Spud Father opted to rebrand as "Spud Fusion".

This dispute illustrates how important early clearance searches are for any business before adopting a brand name and how similarity between marks can quickly escalate.

Sabzi

A second dispute concerned a Cornish deli named Sabzi. The brand owns a registered trade mark for its logo displaying the word "Sabzi" in a stylised way. The mark is registered across multiple classes including retail and publishing. When author Yasmin Khan released a vegetarian cookbook with the title Sabzi, concerns were raised about potential infringement and consumer confusion with some customers reportedly assuming an association between the publication and the deli. Publishing house Bloomsbury strongly rejected the claim, arguing that 'sabzi' is a descriptive term meaning vegetables or greens in several South Asian and Middle Eastern languages. They argued that its use in a cookbook title was purely descriptive of the book's subject matter.

This dispute also generated broader debate about the registrability and enforceability of culturally common terms, particularly where a word with a long linguistic heritage (such as sabzi) has been appropriated as a commercial brand.

Lewis Capaldi and the imposter trade mark

A recent case involving singer Lewis Capaldi highlights how celebrity names can be targeted by opportunistic filings. Reports revealed that an individual attempted to register “Lewis Capaldi” as a trade mark without any connection to the artist, aiming to exploit the name commercially. The application sparked immediate objections, with Capaldi’s representatives moving to protect his brand and prevent unauthorised use.

This situation underscores the importance of proactive trade mark strategies for public figures and businesses alike. High-profile names carry significant commercial value, making them prime targets for third-party filings. Securing trade mark protection early can prevent costly disputes and safeguard reputation.

Mr Blobby

The final example involving the 90's iconic character Mr Blobby underscores the risks associated with failing to maintain existing registrations. Historic trade marks relating to the well-known character were allowed to lapse, enabling third parties to register similar marks and potentially exploit the brand. A superfan subsequently filed new applications for the name, intending to use the character in performance contexts. Ahead of Mr Blobby's planned television revival, the original rights-holders moved to restore protection and address the intervening filings. Although this situation appears to be resolved, it underscores how IP left unmonitored can be unexpectedly appropriated, even decades after its cultural peak.

Key takeaways

Across these disputes, the same themes emerge:

• businesses should conduct thorough clearance searches before adopting a brand;
• trade marks should be filed early and strategically;
• avoid overly descriptive or culturally generic terms where distinctiveness may be challenged.

Trade marks are not just a formality; they shape how customers perceive a business, they anchor a brand's commercial strategy, and they provide the legal footing for future growth. Make sure you register your trade marks.

If you need trade mark law advice, please contact our team of expert IP lawyers.