November 2004
The hunt beaten by the vegetarian
"Quorn" was the trademark at the centre of a dispute between two organisations competing for the same brand name. The apparent irony here is that the quests of the two organisations couldn't be more distinct, in that, one is a vegetarian food manufacturer, the other, one of the country's leading hunts.
The Quorn hunt was stopped in its tracks when making an application to the UK Patent Office to create a trade-marked product range of hats, horse blankets and drinking flasks by Marlow foods. Marlow foods claimed that people would not only be confused but the association that would be drawn by their vegetarian customers would offend and outrage. They adduced a lot of evidence (including surveys) as to the nature of the market they served and the customer base involved as a result of being put to proof of their reputation. Consequently, the legal battle was disposed of in their favour and the hunt was ordered to pay £2,500 towards costs.
BRIFFA Comment:
The overwhelming thrust of the evidence produced on the part of the vegetarian food manufacturer could be said to have gone a long way in achieving a ruling in their favour. The effect of the ruling suggests yet again that evidence of consumer perception is an important indicator of the merits of a case. What the relevant consumer thinks, that is, how the public reacts to and identifies with a particular trademark in relation to goods and services is all-important.