I love a pun. Who doesn’t? Anyone for a fish supper from my local takeaway PG Chips?
But when does a cheeky play on words turn into something that can ruin a small business?
I used to drive past this small grocery shop in Aylesbury a lot. Singhbury’s Local it was called. They had bright orange signage on the front, in a font rather similar to a slightly larger national supermarket chain. Cease and desist letter incoming in 3, 2,…
And so it was, a presumably jolly letter was sent, and the signage came down, leaving it as The Store With No Name. But why? Trade mark law prevents the use of a name similar to a registered trade mark, if there is a likelihood of confusion amongst the public. Was someone really going into this little independent shop for a pint of milk and thinking they would pick up a Taste the Difference meal deal and cheeky pair of Tu jeans at the same time? Hardly.
There’s no exception under trade mark law for infringements which might otherwise be considered to be jokes or parodies. If you’re using a pun-name for your business, and it’s taking unfair advantage of someone else’s trade mark, that’s probably enough for action against you. Even if noone crosses the threshold of British Hairways expecting a short back and sides with added air miles, the fact that it made you think of BA is enough for it to be actionable. Would you still have gone there for a haircut if it had a more mundane name? Quite possibly, but how do you prove that?
Being on the receiving end of a cease and desist demand is never fun. Even if you firmly believe you’re right, is it worth the time and expense of fighting it? The moral of the story: think twice before using a funny name.
And don’t, whatever you do, change your store’s name from Singhsbury’s to Morrisinghs. That’s just asking for trouble.