Monday, October 13, 2014

The naked truth.

A pub in Geneva called The Lady Godiva has been sent a solicitor's letter saying it must change its name because it is infringing the copyright of a Belgian chocolate company which patented Lady Godiva's identity some years back.  So this is a dispute between Switzerland and Belgium (or actually Turkey where the parent company is) so should it concern us?  Well, yes, because if the chocolate company win this battle, there is no reason why they should not demand that those using the Godiva name in this country - even in Coventry - should stop doing so.  But Godiva was a real historical person, even if her naked ride may be a fiction, so can you claim ownership of her name?  "Intellectual property" is a fractious area of the law, and the matter may well hinge on the question of confusion.  If you trade under a name which could be confused with the name of another trader, and that other trader has trade-marked that name, then they can demand that you stop trading under that name.  So is it likely that a pub could be confused with a chocolatier?  That may well be the crucial question.  Mind you, if they try it on with Coventry, I think they will have a massive fight on their hands!

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