Cornwall Bakery Chain Faces Passing Off Claim
Published: 6 June 2026
A popular Cornish bakery chain, 'Seaside Slices', is defending itself against a passing off claim brought by a smaller, long-established Penzance patisserie, 'Penzance Pastries'. The dispute centres on Seaside Slices’ recent expansion into Penzance and its adoption of a new teal and white branding scheme, which Penzance Pastries alleges is too similar to its own distinctive visual identity, causing customer confusion.
Penzance Pastries, trading for over twenty years, holds no registered trademarks but relies on its unregistered goodwill and reputation built over decades. It argues that Seaside Slices’ branding and shopfront design, particularly the colour palette and cursive font for certain product names, lead consumers to believe there is an association between the two businesses or that Seaside Slices is a new branch of Penzance Pastries.
The court will assess whether Penzance Pastries can prove it has established goodwill, that Seaside Slices’ actions constitute a misrepresentation, and whether this misrepresentation has caused, or is likely to cause, damage to Penzance Pastries’ business. The outcome hinges on the likelihood of actual confusion among ordinary consumers.
For small business owners, this case underscores the vital importance of protecting your brand from the outset, whether through diligent record-keeping of your brand's use and reputation, or by considering formal trademark registration.
Penzance Pastries, trading for over twenty years, holds no registered trademarks but relies on its unregistered goodwill and reputation built over decades. It argues that Seaside Slices’ branding and shopfront design, particularly the colour palette and cursive font for certain product names, lead consumers to believe there is an association between the two businesses or that Seaside Slices is a new branch of Penzance Pastries.
The court will assess whether Penzance Pastries can prove it has established goodwill, that Seaside Slices’ actions constitute a misrepresentation, and whether this misrepresentation has caused, or is likely to cause, damage to Penzance Pastries’ business. The outcome hinges on the likelihood of actual confusion among ordinary consumers.
For small business owners, this case underscores the vital importance of protecting your brand from the outset, whether through diligent record-keeping of your brand's use and reputation, or by considering formal trademark registration.
This is an illustrative, educational scenario about how trademark disputes typically arise and are resolved — not reporting on specific real companies.