Iceland trade marks relations more frosty

As previously reported, Iceland the country was looking to take action against the frozen food supermarket brand for their use of ‘Iceland’.

The action threatened previously has occurred and many have commented on the degree of success in the claim.

Shaun Sherlock, a trade mark attorney at Potter Clarkson has made comment and says

“Iceland Foods have, over many years of trading, built up a reputation in the trade mark ICELAND primarily as a retail store brand. However, Icelandic businesses are permitted to refer to the geographic origin of their goods and services in a fair and reasonable manner”

Any genuine use of the word ‘Iceland’ for Icelandic businesses should not conflict with a registered mark in it is used in honest practises.

While Icelandic businesses have the right to use the word, Iceland Foods have been trading for many years and have built a reputation in the name. The claim made by the country itself must show a clear unfair advantage against the businesses operating in Iceland to prevent Iceland Foods continuing to use their well-established mark.

Definitely a case to keep an eye on, will the temperature between the parties drop a bit more?

By Ellis Sweetenham