In a very topical ruling, given that Andy Murray has just become the first Briton to win a tennis singles Grand Slam since the eponymous player in 1936, sports label Fred Perry and Topshop owner Arcadia Group Brands Limited have settled their trademark infringement and passing off differences.
The problems started when Topshop included a pink, knitted jumper featuring a small, laurel wreath embroidered in navy as part of its winter collection early this year. With the emblem bearing more than a passing resemblance to the iconic logo used by the 60-year-old sports label, Fred Perry decided to take action against the high street chain.
The logos were so similar that people were even asking on Twitter where they could buy the Fred Perry jumper – from Topshop – which led Arcadia to admit that it had infringed Fred Perry’s trade mark rights and, as part of the settlement, paid damages and legal costs to Fred Perry and agreed not to sell the product in the future.
A statement from Fred Perry noted: “We will not hesitate to enforce our intellectual property rights when they are infringed. Fred Perry would like to thank those loyal customers who brought this matter to its attention, and confirms that it will continue to take action to enforce its global intellectual property rights both against other brands who seek to trade off its designs and reputation and those who trade in counterfeit products.”
While a spokeswoman for Arcadia said: “Topshop takes very seriously the protection of its own intellectual property rights and accordingly affords all due respect to the intellectual property rights of others. Topshop is very pleased that this matter has been resolved to the mutual satisfaction of both parties.”
For more information about intellectual property law, speak to our solicitor Chloe Bunn.