Bringing and defending IP cases is an expensive business. They draw heavily on resources and take focus away from day-to-day commercial operations. But with the right plan in place, businesses can empower their executive teams to respond to IP disputes quickly and effectively – minimising the cost and impact for all involved. Here’s just a few examples of IP battles that have hit headlines in recent years.
Pocket punch-up
Patagonia is famous for its outdoor clothing and had something to say when Gap, a high street retailer, launched a fleece jacket that bore a resemblance to Patagonia’s Snap-T pocket design.
Patagonia said the similarity created confusion among customers, a common complaint in IP infringement cases. The outdoor clothing brand filed a lawsuit towards the end of 2022, requesting a jury trial and seeking to stop Gap selling the product. Patagonia is also seeking compensation.
In this type of case, we expect the associated costs to rack up quickly.
Cakes, courts and caterpillars
In one of the baking sector’s biggest bust-ups, Marks and Spencer (M&S) launched a case against Aldi. M&S sought to defend its registered trademarks for both the name and packaging of its cake, Colin the Caterpillar, against Aldi’s Cutherbert the Caterpillar.
M&S said Aldi’s Cuthbert the Caterpillar cake was stepping on its toes and lodged an IP claim with the High Court. The two parties reached an out-of-court settlement, but a recent advert by Aldi, highlighting the fact many supermarkets offer similar cakes, suggests this ongoing disagreement still hasn’t run its course.
Fruity logos
Big businesses play tough, even against smaller competitors. IT giant Apple decided to take action against Prepear, after owner Natalie Monson filed a trademark application for her recipe and meal planning app.
Apple opposed the application, claiming the proposed pear logo was too similar to its own and that it would hurt the tech giant’s brand. The battle raged for months and resulted in Prepear slightly altering its logo before an agreement was reached.
IP disputes really do affect businesses of all sizes, and can escalate at startling speed.
Namesakes at loggerheads
Outdoor goods retailer Backcountry.com filed multiple lawsuits against a huge number of smaller companies that all used the term “backcountry” in their names.
Some companies stopped trading, while others changed their names or undertook a full rebranding exercise. On top of absorbing these operational costs, the small business owners had to fund legal representation during what must have been an enormously stressful period.
Such cases can blow up in a heartbeat. Pursuing and defending them demands technical and legal expertise, and a company’s survival often rests on getting it right.
CFC’s IP insurance covers the defence or pursuit of infringement claims, contractual indemnities, loss of IP rights and loss of profit. See how it could help your business navigate today’s changing IP landscape by reaching out to ip@cfc.com.
