
Gareth Price
Director, Trade Marks
Defending an iconic brand and increasing its value through litigation.
An iconic London hotel, a byword for luxury for over a century, discovered that a third party was manufacturing and selling products using its brand name.
When challenged, the other party disputed the extent of the hotel's rights, underestimating the power of its historic brand.
To protect our client's legacy and having exhausted all avenues for resolution, we commenced court proceedings.
Our strategy centred on establishing the depth, longevity and commercial significance of the goodwill attached to the hotel’s name. The objective was to demonstrate that the brand carried a substantial, quantifiable reputation and that this reputation was deserving of robust legal protection.
We compiled an exhaustive body of evidence to demonstrate the brand's power. This included:
To further demonstrate commercial value, we presented data on the hotel's premium pricing, marketing investment, and the commercial value derived from its partnerships.
Together, this evidence supported an unassailable narrative; the brand was not merely a name, but a powerful symbol of luxury, built over generations, and that the unauthorised use was causing significant damage to its goodwill.
The court ruled decisively in our client's favour. The third party was ordered to cease its infringing activities. More significantly, the judgment included powerful statements from the judge about the hotel’s brand being synonymous with exclusivity, luxury and glamour.
This judicial recognition officially validated the brand's power in a public and permanent way. The ruling was not only a legal victory but a commercial triumph. It has been cited as proof of the brand's immense asset value, directly contributing to a stronger valuation for the hotel.