BabyCrate defeats Crate & Barrel in ‘David and Goliath’ Trademark Dispute
As I wrote in my previous blog post here, Euromarket Designs, inc., owner of the Crate & Barrel trade mark and part of the Germany based Otto Group, disputed the registration of the BabyCrate trademark in the United Kingdom.
We just got the verdict of the proceedings: not only do we win on all counts, but Crate & Barrel has also been ordered to pay a contribution towards our costs.
Put simply, the judge agreed with our reasoning that BabyCrate and Crate & Barrel are not confusingly similar.
Crate & Barrel can still appeal, but it appears that the probability of success of an appeal is very low in this type of proceeding.
This case demonstrates that a small, family-run business can win a trademark dispute without legal representation. Apparently, you just have to honestly state your point of view and not be intimidated by the ‘bold advocacy’ of a top-tier Trade Mark and IP lawyer hired by a billion-dollar company.