One of the hardest things for anyone starting up a new business is choosing a unique name or logo. Very often, the starting point is to look at your "competitors" for inspiration and invent a name. It is quite clear where the bagpipe and guitar band in Scotland, "The Red Hot Chilli Pipers", got their inspiration! Whilst this use may be a parody, when the Pipers sought to apply for a Trade Mark we threatened to file an Opposition with the Trade Mark Office on behalf of our client, the globally famous US funk rock band "The Red Hot Chili Peppers". Our client relied upon their Trade Mark registration for both the word and logo of The Red Hot Chili Peppers which protects musical performances, recordings, merchandise and live entertainment. We pointed out that The Red Hot Chilli Pipers application infringed our client's registered Trade Mark and took unfair advantage of their international goodwill and reputation. On the back of such evidence, The Red Hot Chilli Pipers withdrew their application.
Arguably, even if The Red Hot Chili Peppers had not had to rely upon their UK Trade Mark registration, they would have had sufficient global goodwill in their name to protect the reputation and goodwill in the band's name.
We always recommend that names are new, inventive and not confusingly similar to those Marks that are registered or for that matter unregistered. Whilst actions for passing off and Trade Mark infringement can be expensive, clients are always advised to select their name very carefully after making a full search of the Trade Mark database since what appears to be a joke or a parody is often seen in a different light by the Trade Mark owner who are protecting their carefully cultivated brand and reputation.
For any further information please contact Philip Herbert, 0207 355 6119 or Naazneen Schmittzehe, 0207 355 6045.