Lancashire-based TikTok sensation SpudBros are at the centre of a trademark dispute with another jacket potato vender over the use of the name ‘The Spud Father’.
The SpudBros – made up of sibling duo Jacob and Harley Nelson – rose to fame on TikTok in 2023 and have since amassed 4.8 million followers. They partnered with KFC this summer for a limited-edition jacket potato.
In June, the pair filed to register Spudfather as a trademark at the UK Intellectual Property Office in honour of their father, who was known as ‘the spud father’.
A separate spud vending business recently opened in Portsmouth under the name ‘The Spud Father’, and SpudBros have reportedly opted to enforce their IP rights by asking the owners to stop using the protected name.
However, criticism and rumours have since swirled on social media, suggesting SpudBros are “trying to ruin someone’s business”. The Spud Father posted a video on TikTok captioned: “This legal fight has drained me mentally and emotionally… I don’t have the funds or mental capacity to fight SpudBros.”
“Unfortunately, we might have to change our name. It’s hard, we’re a really small business,” he stated in the video.
In a bid to defend themselves, SpudBros’ Jacob Nelson said in a statement on TikTok: “We’re not suing anybody. There is a lot of noise in regards to a trademark, Spudfather.
“In no circumstance are we suing anyone or trying to ruin anyone’s livelihoods, that is not what we’re about.”
He added that another reason behind the importance of the trademark for the brand is that SpudBros is developing retail products, some of which will be called ‘The Spud Father’.
“We have to protect that and that is the reason why we trademarked it,” Nelson added.
Stephanie Davies, senior associate and trademark attorney at European IP firm Withers & Rogers, said that from a legal perspective, SpudBros are “potentially in a strong position, with a registration in place”.
“The Spud Father may have to change the name of their business and alter any marketing and promotional materials that might have been prepared.”
Davies added: “Small businesses can build up a strong following quickly and they should ideally protect the name of their business and its key products before they are launched. Conducting trademark searches when naming a new business or product is also important to avoid infringing someone else’s mark.”
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