London-based fried chicken chain Morley’s has won a Court of Appeal ruling in a trademark case against rival brand Metro’s.
Morley’s, which operates more than 100 restaurants across the UK, had initially been successful in its claim at the High Court last year, with the defendants found to be unlawfully infringing the Morely’s brand.
The defendants, known as Metro’s, then cited eight grounds of appeal, all of which were dismissed by the Court of Appeal last month.
Morley’s is the registered owner of a number of trademarks, including its logo and the name of its signature dish, the Triple M burger.
In the High Court proceedings, Judge Clarke deemed the font, colour scheme and layout of the logo – including the strapline and style of the letter ‘M’ – used by Metro’s were similar to Morley’s.
The judge then considered whether this was likely to cause confusion on the part of the public, and in combination with similarities across social media and in-store décor, there was a “likelihood of confusion by a substantial part of that class of average consumer”.
“As a family-owned business, there has been a tremendous amount of hard work over many years and that has gone into making Morley’s what it is today,” said Morley’s MD Shan Selvendran.
“We’re so grateful to our loyal customers who come back time and time again for our food, our service and our sense of community. People have a real attachment to who we are, and so it was essential we took action when that brand was threatened.”
Ward Hadaway partner and joint national head of commercial litigation Peter Hornsey, who represented Morley’s, added: “This outcome reinforced that the courts will protect your brand if you have the necessary trademark protection in place.
“The iconic status of Morley’s makes the protection of its brand all the more important.”
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