Following a cease & desist letter from ACID Accredited law firm, McDaniel & Co, ACID Members Burgon & Ball have protected their trade mark against infringement by Dutch owned Vanderschoot after discovery of the offending mark. Vanderschoot was using the mark without permission on their own planter, the Salad Planter, a product which was being imported into Garden Centres in the UK.
Shortly after the exhibition, Burgon & Ball discovered that large scale bulb supplier Vanderschoot, were potentially infringing their UK trade mark No: 2487749 for the mark ‘HOME ALLOTMENT’ in class 20 covering in particular ‘Planters of Wood, Planters of Plastics Materials and Planters of Wood and Plastics Materials’. The mark is commonly used on one of Burgon & Ball’s most popular and award winning ranges, the ‘Home Allotment’ range of planters.
Burgon & Ball are well known in the garden ware industry for selling high quality, durable and beautifully designed products. Following the successful settlement, Kelly Hudson of McDaniel said, “Burgon & Ball were determined to protect their market and resolved to take whatever action was required to do so. This matter demonstrates the effectiveness of a cease and desist letter and it will be seen by those within the industry as a key component of Burgon & Ball’s new wider strategy to ensure effective IP protection and enforcement. Growing popularity and a valued reputation mean that Burgon & Ball need to take effective action such as this immediately to stamp out IP infringements.”
ACID’s CEO Dids Macdonald added, “Following Burgon & Ball becoming members at GLEE, an ACID Accredited exhibition, meant that ACID and McDaniel & Co. were able to act quickly when the infrigement arose. Burgon & Ball’s IP message is clear, they will protect their brand at all costs.”