Director of McDaniels Law, Niall Head-Rapson featured on BBC Radio Guernsey on the 3rd August 2022 in relation to an intellectual property infringement. Niall has over 23 years’ experience in all aspects of intellectual property in areas of patents, copyright, designs and trade marks, and regularly advises on such matters.
On the show, Niall was asked to explain in layman's terms and give his professional expertise on an emerging case in Guernsey, one of the Channel Islands in the English Channel. Martyn Guille, a local shop owner of Martyn Guille Silversmiths, situated next to The Little Chapel in Les Vauxbelets, has been accused of ‘passing off’ souvenirs of the chapel as official merchandise. Passing off is where someone passes off their own goods or services as those belonging to another, either deliberately or unintentionally.
Martyn Guille has expressed his shock at the legal action but John Silvester, the Chairman of the Little Chapel Foundation will not comment until the legal process has been completed.
It has now been announced that The Foundation is in the process of trademarking the phrase “The Little Chapel” as well as five images related to the iconic local attraction.
Niall Head-Rapson said: "Lawyers are likely to come out on top as passing off is difficult to prove because there is a lot of work, time and evidence involved and also encouraged that the parties should talk the matter through to avoid costly court proceedings and bad feeling in the local area."
To listen to the full interview, please click on the below link and listen from 2:11:30 to 2:17:15. https://www.bbc.co.uk/sounds/play/p0ck6lwf
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 291 4000 or firstname.lastname@example.org: Civil Procedure, Companies, Consumer Law, Copyright, Legal News, News, Passing Off