Comedian Joe Lycett changes his name to Hugo Boss to protest against the Fashion Brand

Joe Lycett (now, Hugo Boss) changed his name by deed poll after the fashion house sent cease and desist letters to charities and small businesses who use the word ‘BOSS’ in their names. One particular case involved Boss Brewing, a company based in Swansea, whereby the fashion brand objected to the brewery’s application to register a trade mark in relation to the beer names ‘Boss Boss’ and ‘Boss Black’ due to the potential to cause misunderstanding. This resulted in £10,000 worth of legal fees for Boss Brewing in order to defend itself against the clothing brand which had a net income of £218 million in 2018. It was resolved that the brewery had to change the names of their beers and could no longer sell clothing.

A trade mark is a sign, word or a symbol which enables customers to identify goods or services as coming from one particular source, even though they may not know the identity of the source. The owner of a trade mark can take legal action against another trader who uses that mark in a way which confuses the customer or the public into believing that his goods or services are those of the owner of the mark. This action is defined as ‘passing-off’. Nevertheless, in the context of this case, it is unlikely that the public would confuse beer made by a small company in Wales with the products of a worldwide famous fashion brand. Thus, Joe Lycett’s (Now, Hugo Boss) actions have been described as “comedic activism” and demonstrate the negative criticism that big companies can face when they target small businesses that use similar names. Nonetheless, from Hugo Boss’s (the fashion company) point of view, they were merely trying to protect their historic and well-known trade marks. In relation to Joe Lycett (now, Hugo Boss), his actions do not constitute trade mark infringement unless he begins trading under the name.

Trade marks provide important protection for your brand and your business. If you require legal assistance regarding trade marks, then please do not hesitate to contact Christopher Buck, Associate Partner in our Business Services Department who will be happy to assist.

If you require legal assistance regarding trade marks, or have any other intellectual property concern, please do not hesitate to contact Christopher Buck, Associate Partner in our Business Services Department on 01908 660966 / 01604 828282 or at christopher.buck@franklins-sols.co.uk who will be happy to assist.