Dave trademark dispute takes new twist as branding agency climbs down

Dave: opposition to UKTV station's trademark application withdrawn
Dave: opposition to UKTV station's trademark application withdrawn

Dave, the Engine-owned branding consultancy, has withdrawn its opposition to UKTV's application to register the name of its TV channel Dave as a trademark, and the two sides are holding talks.

In January, the European Union's Office for Harmonisation in the Internal Market (OHIM) rejected an application from Dave, the TV channel, to register the name Dave as a trademark, after opposition from the branding consultancy.

The consultancy claimed it had rights to the name despite not having registered it as a trademark, because it used the name prior to the launch of the TV channel in October 2007.

Although Dave's application was rejected in relevant categories, including advertising, broadcasting and the production and distribution of TV, the TV channel was given permission to use the name on decorative magnets and stationery.

In its appeal against the decision the TV channel argued that the OHIM's decision was based on a "fundamental misunderstanding" of the UK law of passing off and an "entirely wrong assessment of the factual circumstances".

In a fax to the OHIM dated 9 August, lawyer Steven Jennings of Lewis Silkin confirmed the branding consultancy had withdrawn its opposition.

The fax said: "Further to discussions between the parties, the opponent Dave Soho hereby withdraws with immediate effect its opposition to the CTM [Community Trade Mark] application for the mark Dave."

Representatives for UKTV and Dave, the branding consultancy, said: "We are currently in dialogue and, while it would be premature to pre-empt the outcome of those discussions, we can say we are pleased with the constructive approach that both parties have chosen to take."

Dave and UKTV both declined to comment further and would not comment on whether the TV channel would have to pay compensation to the branding consultancy, or clarify possible outcomes of the discussions.

Discussion

Before commenting please read our rules for commenting on articles.

If you see a comment you find offensive, you can flag it as inappropriate. In the top right-hand corner of an individual comment, you will see 'flag as inappropriate'. Clicking this prompts us to review the comment. For further information see our rules for commenting on articles.

comments powered by Disqus
Brand Republic Jobs

subscribe now

Latest

Lynx tells men not to leave love to fate
HBO captures awkwardness of watching sex scenes with parents
Primark to open first US stores with Boston chosen as flagship location
Marketing spend on the up but a reality check is needed before celebrating
Top 10 ads of the week: Jackpotjoy and BT Broadband fend off Kevin Bacon
Lidl beats Tesco to 10m Facebook fans
Center Parcs ad banned for encouraging parents to take kids out of school
Coca-Cola, Cadbury and Amazon named top brands for targeting youth market
Leaked document shows Nokia to be rebranded as Microsoft Mobile
Nike lays-off hardware staff in move that casts doubt on future of FuelBand
Greenpeace says save the bees or humans will die
What brands need to know about changes to VAT and online downloads in 2015
Jimmy Savile victims urged to claim compensation in new ad campaign
UKIP launches biggest  ad campaign and stirs up 'racist' accusations
Apple boss Tim Cook provides voiceover on ad touting firm's renewed green commitments
John Lewis walks consumers through its history to celebrate 150 years of business
Waitrose boosts content strategy with 'Weekend Kitchen with Waitrose' C4 tie-up
Hottest virals: Cute puppies star in Pedigree ad, plus Idris Elba and Fruyo
Amnesty International burns candles to illuminate new hope
Toyota achieves the impossible by calming angry Roman drivers
Tom of Finland's 'homoerotic' drawings made into stamps
YouTube reveals user habits to appeal to 'older' marketers
Ex-M&S marketing chief Steven Sharp consulting at WPP
Wolff Olins reveals new CEO after Apple poaches Karl Heiselman
Glasgow offers £30,000 prize to best digital idea for 2014 Commonwealth Games
Google's revenues surge but shares drop as it grapples with transition to mobile
Facebook beats Twitter to most 'marketing friendly' social media site crown, says DMA
Fableists believe children like Finn should be outdoors enjoying life
Homebase, Baileys and Camelot join the line-up at Media360
MasterCard renews Rugby World Cup sponsorship to push cashless message