Manchester, England firm Kuits Solicitors has succeeded on behalf of Baker Street Clothing Limited, a leading supplier of fashion outerwear to many High Street stores in the UK,
against Lacoste in a trade mark dispute lasting four years. Essentially, Lacoste had opposed the registration of the word ‘Alligator’ used by Baker Street on its clothing range because it was too close, in Lacoste’s opinion, to its registration for its crocodile device mark. The case centred on how far the public would associate a word for another reptile with a physical and well known international brand device.
Geoffrey Hobbs QC decided in favour of Baker Street Clothing on the grounds that the word ‘Alligator’ on clothing would not lead an individual to associate it with Lacoste’s crocodile logo.
Ian Morris, Head of Intellectual Property at Kuits, who represented Baker Street Clothing Limited said, “This is a very significant decision limiting the extent of the monopoly of a famous trade mark.” This is particularly so as it followed an earlier successful application in the Registry against an opposition by Lacoste to another of Baker Street’s marks, this time on the grounds of non-use.
The result caused quite a stir in the British press, with a number of broadsheets, regionals and industry publications picking up the story.
Joel Brown, Managing Director of Baker Street Clothing Limited said he was delighted with the result and would exploit the commercial opportunities presented by the registered mark to the fullest extent possible.
