When the publisher of Ideal Home (IH) magazine brought a legal action for infringement of its trade mark against the Ideal Home Show (IHS), the response was a counterclaim by IHS that IH's trade mark was invalid. Both brands had successfully traded alongside one another for many years.

The case arose because IH was concerned that internet shoppers could confuse the two brands. The court threw out both claims, deciding that the confusion caused to online shoppers would be no more than could reasonably be expected in the circumstances.

Even where historically an uneasy status quo might have been maintained, all manner of problems are liable to arise when two businesses trade under the same or similar names whether on the web or otherwise.

 Although by no means an uncommon plight, this is a situation which it is definitely best to avoid and one in which, if a business does find itself, great caution is required.

If your business has any concerns relating to company or business names, trademarks, domain names or relating generally to any infringement of your own or another’s intellectual property rights, do contact us for advice on developing the strategy which best protects your interests.

Our Corporate and Commercial team can be contacted on the number above. Alternatively, please fill in our online enquiry form.

 

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