McDaniels Law Director, Niall Head-Rapson, was invited to speak on the Wake Up to Money programme on BBC Radio 5 Live on Thursday, 20th April 2023, to give his expert opinion on recent high-profile trade mark and copyright infringement cases that have made the headlines. Niall was asked to provide his professional opinion on Rebekah Vardy’s trade mark of “Wagatha Christie” and Lidl’s recent victory over Tesco in a trade mark dispute. Rebekah Vardy trade marks “Wagatha Christie” As we previously reported on the long-running “Wagatha Christie” dispute, it has been reported in the Sun Newspaper that Rebekah Vardy has now trade marked the phrase “Wagatha Christie” after losing her libel case against Coleen Rooney. The report isn’t quite accurate as in August, a celebrity licensing company known as London Entertainment Inc applied to register the phrase “Wagatha Christie” presumably on behalf of Mrs Vardy. The phrase was officially added to the list of registered trade marks on April 14th, covering various types of merchandise, although Clothing and Textiles are being challenged. As a result, anyone looking to use the phrase for commercial purposes in the UK may well require obtain Rebekah Vardy’s permission and could have to pay her. Niall said: “Anyone can apply for a trade mark. It is when you are challenged that you must show you have some use for it. Rebekah Vardy has seized the opportunity and decided to get in there first. Just because she did not come up with the phrase does not mean that she cannot create a brand, and that is what it looks like she is going to do.” Lidl wins case against Tesco over logo Lidl has recently won a trade mark dispute against Tesco. The High Court ruled that Tesco’s Clubcard logo copied Lidl’s yellow circle on a square blue background. Lidl initiated the trade mark dispute in 2020, and Tesco is now reportedly going to appeal. Our previous article explains more. Niall said: “The Lidl win against Tesco came as a bit of a surprise. Not only did The High Court rule that Tesco had infringed Lidl’s trade mark, but they also found that it was copyright infringement and that there was an element of Tesco copying the Lidl brand.” To hear Niall’s interview, please click here and start listening from 49:20. in: Case Law, Copyright, Trade Marks
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