A recent case involving Claridge's Hotel demonstrates that a brand that has a long history and well-known reputation can prevent others in the market place from using its brand on dissimilar goods which take unfair advantage of its reputation.
This case also highlights the strategic nature of trade mark litigation; Claridge's Hotel sustained their own losses in bringing the litigation (one fully revoked trademark and another partially revoked).
Potential claimants should always consider their position carefully and obtain advice on strategy to ensure that they place themselves in the strongest position possible.
Intellectual Property Enterprise Court (IPEC), Claridge’s, the luxury London hotel, brought a claim against candle maker Claridge Candles and its owner and sole director for trade mark infringement and passing off. Claridge's Hotel is a well-known hotel in London which has traded under the brand CLARIDGE'S since 1889.