News

Gregor Kleinknecht discusses intellectual property advice for small businesses and trademark infringement in The Times

  • May 14, 2018
  • By Gregor Kleinknecht, Partner

There are countless things for founders to worry about when trying to get a start-up off the ground, finance, production, marketing, supply and staffing levels to name but a few. For Oliver and Alexander Kent-Braham, that list stretched to engaging in a lengthy and bizarre row about the semantics of the word “marshmallow”.

Having decided to name their company — an insurance provider for drivers who were born overseas, after the marshmallow — they were dismayed when Marsh, the 113-year-old international insurance giant, got in touch to demand they change their name before the London-based start-up had even begun trading.

Marsh opposed Marshmallow’s trademark registration on the basis that the two names could be “easily confused by members of the public”. Despite the huge imbalance in power and against much of the advice they were given, the twins, 26, decided to fight.

The costs would have been much higher if the dispute had reached the courts. With that in mind, Gregor Kleinknecht, a partner at Hunters Solicitors, believes that the intellectual property office “provides a cost-effective and often successful mediation service specifically for trademark disputes”.

 

Mr Kleinknecht cited the example of a small business that his firm had represented when a big European carmaker brought a trademark infringement claim. The claim was successfully resolved by mediation, with the small business not having to pay for damages or the other side’s legal costs but agreeing to make “minor adjustments to its own branding”. The dispute turned into an opportunity for a rebrand.

Read the full article in The Times here, behind a paywall.

Related News

Jul 22, 2021
Gregor Kleinknecht and Constance Tait examine the impact on trademark litigation and provide 10 tips on navigating the post-Brexit era in Managing IP
Jul 16, 2021
Gregor Kleinknecht and Anastassia Dimmek examine the growing threat of zombie firms in Lawyer Monthly
Jul 07, 2021
Richard Baxter and Constance Tait examine a report suggesting that firms with targeted support for ethnic minority workers see benefits
Jun 28, 2021
Richard Baxter discusses UK-EU Data Protection and how adequacy decisions avoid imminent disruption to data flows
Jun 23, 2021
Richard Baxter and Constance Tait examine the recent Burnell v Trans-Tag Ltd case in the High Court
Jun 22, 2021
Anastassia Dimmek discussed the key challenges of protecting clients’ healthy businesses from zombie firms in a webinar hosted by Advoselect
Jun 18, 2021
Richard Baxter and Constance Tait discuss the looming annual returns deadline for employee share schemes
May 18, 2021
Hunters hosted the Withdrawal and The Trade Marks Act 1994 webinar
Mar 17, 2021
Stephen Morrall comments on Uber drivers entitled to minimum wage, holiday pay and pension following the Supreme Court decision in The Sunday Times Driving, The Times and the Daily Mail
Feb 19, 2021
Stephen Morrall comments on Uber losing a landmark Supreme Court battle in the Evening Standard and the Financial Times

© Hunters Law LLP 2021 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)