Christmas has come early in trade mark clash

While summer is just around the corner, in the trade mark world, Christmas is on the agenda as two Christmas jumper companies go head to head.

Tipsy Elves, a company who specialises in the creation of unique and unusual jumpers for the festive season have taken action against Ugly Christmas Sweater (UCS) over a Google advertisement which allegedly included Tipsy Elves trade mark.

According to the claim, UCS has created and endorsed a Google AdWords advert which included a representation of the Tipsy Elves trade mark but a link to UCS’s website. This advert was linked to the ‘tipsy elves’ AdWords therefore when the terms were searched by a consumer, the advert containing a link to UCS’s website but representing itself as originating from Tipsy Elves appeared with other genuine adverts for the brand.

The claim argued that this use of the trade mark gave the public the false impression that the link was associated with Tipsy Elves.

In their claim, Tipsy Elves are claiming for profits, the destruction of any infringing material and an injunction to prevent any further use of the advert.

It may be celebrations all round if Tipsy Elves succeed in their claim, The Trademarkroom will keep you updated of any new developments.

By Ellis Sweetenham