London Court Upholds Florist Trade Mark Win

A London court has ruled that a rival florist infringed the registered trade marks of luxury brand Flowerbx by trading under names including Flowers Box and Flowers Box London. In a September decision, Deputy Judge Amanda Michaels sitting in the Intellectual Property Enterprise Court found the signs highly similar visually and used for identical goods and services. The judge rejected arguments that Flowerbx was merely descriptive of flower boxes, holding that it had acquired sufficient distinctiveness. Flowerbx also succeeded on its claim based on reputation, with the court finding that the defendant unfairly took advantage of the earlier mark’s standing for high-quality floral design. The ruling confirms that even modest additions such as a location name or stylised letter did not avoid liability where overall similarity and identical fields of activity created a likelihood of confusion.

Small businesses should always search the trade marks register and seek clearance advice before adopting names close to existing brands.