Opinion:
Can trade mark protection sometimes go a bit too far?

The Eden Project reportedly objected to the ‘Gardens of Eden in Penrith’ trade mark application on the basis of concerns about its similarity to the Eden Project’s own trade marks.  Whilst the owner of the ‘Gardens of Eden in Penrith’ initially agreed to change the businesses name to address those concerns, she subsequently refused as the conditions sought by the Eden Project’s lawyers – in her view – went beyond what she had expected.

The business owner is understood to have therefore publicly raised concerns that her business clearly was not connected with the Eden Project – the word ‘Eden’ that was a place name, a river and a surname, and used by other businesses in Cumbria already – and also described the situation as ‘corporate bullying’.

It is reported that after the business owner raised her concerns, the Eden Project “reviewed [the] application further and listened to [the business owners] concerns, [and was] happy to withdraw [its] opposition to the trademark [sic] application to use the name Gardens of Eden” and “wished her and her business well for the future”.

This David and Goliath situation appears to have been swiftly resolved between the parties.  However, it serves as a useful reminder that the steps taken by large businesses must be reasonable and proportionate to protect their brands, trade marks and other intellectual property.  And, if large businesses go too far (or are even perceived as going too far) protecting their intellectual property they risk being subject to unwelcomed negative publicity.

It follows that this can sometimes be a difficult balance for large businesses to achieve. And, that has resulted in some novel approaches to tackling trade mark infringement over the years.  Perhaps one of the most memorable being Netflix’s reported cease and desist letter concerning the infringement of the Duffer Brothers TV show ‘Stranger Things’.

Our Disputes and Corporate and Commercial teams are highly experienced in advising businesses on intellectual property issues including trade marks.  If you would like advice about protecting your intellectual property, please get in touch with Jamie McConnell.