Birketts LLP? Wollastons LLP? What's in a name?
Trust and personal relationships may rule business (except amongst press barons...) but brand associations are critical. In the recent weeks we have seen a major international corporation abandon one of the best known newspaper brands in the world - apparently because its proprietors believe that its reputation has been irretrievably tainted by the hacking scandal. Even leaving such an extreme example to one side, quality and reputation may not always be enough to protect a brand, and the products or services that it represents. High levels of legal protection may also be necessary.
Legal protection for a brand or name is best achieved with a registered trade mark - whether local (e.g. by UK registration alone) or internationally (including a European Community trade mark). This will inhibit or prevent competitors from confusing a company’s customer base by using a similar name or symbol. The rules on registration, and more importantly, enforcement can be complex. Birketts has a number of experienced lawyers who act on both sides of the coin: registration, and enforcement against infringement. Recent years have seen an increase in attacks on reputational trade marks, with the valid use of competitors' trade marks in comparative advertising (so-called "knocking copy") and greater exposure to potential trade mark infringement through the internet - such as the unauthorised use of a trade mark on another's website, or the use of trade marks as key words and in meta-tags.
The need to protect the potential value in brand names has also been highlighted recently in the consultation surrounding the draft Advertising and Street Trading Regulations (implementing provisions in the London Olympic Games and Paralympic Games Act 2006), which aim to bestow on the organisers of the Games a previously unseen measure of control (some would say a draconian measure) on the ability to prevent any unofficial association with the brand – a practice known as ambush marketing, Those organisations hoping to capitalise on the Games through advertising or related marketing would be well advised to seek expert advice to avoid costly errors or complications.
Protecting the goodwill associated with a brand is an area in which we have our own experience. In September last year, Wollastons merged with the major East of England law firm Birketts (not to be confused with another similarly named local law firm), to create the only Top 100 UK law firm in Essex. While this brought with it a change of name, the delivery of high quality commercial advice upon which the firm has built its reputation continues. Sometimes, there is more to success than just a name...
This article has been written by Nick Burnett, a partner at Birketts LLP.
It provides only a general summary and is not intended to be comprehensive. Specific legal advice should be taken in any individual application. Law covered as at 22 July 2011. © Birketts LLP 2011.
