Trademark

Poshsalt

Hi,

I was just inerested in this, so there is a bar that opened about 2014 called Peaky Blinders, which was obviously took from the tv series in america.

The bar was on UK TV show on hotel inspector where someone comes in and helps start a business.

A year later it opened the USA tv series sent a letter to take this name down of there bar as this was a trademarked name, but they didnt. I read USA trademarks have no legal withhold in UK or Europe.

Is this why they could keep using the name? Nothing has happened since and they still use the same name.

They now have about 6 of these bars around UK.

lincroft1710

Poshsalt said:

Hi,

I was just inerested in this, so there is a bar that opened about 2014 called Peaky Blinders, which was obviously took from the tv series in america.

Isn't Peaky Blinders a UK series?

Zinger549

https://www.bbc.co.uk/news/entertainment-arts-47405939

lincroft1710

Zinger549 said:

https://www.bbc.co.uk/news/entertainment-arts-47405939

That article is over 2 yrs old, so possibly the bar owners are just ignoring the "warning" or the production company cannot enforce a ban on the use of the name.

JCS1

And the name itself comes from real life gangs from early 1900's.  Difficult to see therefore how you could enforce any ban.

https://en.wikipedia.org/wiki/Peaky_Blinders

lincroft1710

JCS1 said:

And the name itself comes from real life gangs from early 1900's.  Difficult to see therefore how you could enforce any ban.

https://en.wikipedia.org/wiki/Peaky_Blinders

Yes it seems it became a generic term from the 1920s, so could be difficult to trademark.

Sandtree

Poshsalt said:

I was just inerested in this, so there is a bar that opened about 2014 called Peaky Blinders, which was obviously took from the tv series in america.

Why did it obviously take the name from the TV show -v- after the gang from which the TV show is named after? Where is the bar? 

The TV series is British, though inevitably has been sold around the world. 

Remember also that trademarks are industry specific and to win a battle you must show irrepairable damage for the infringement. I am guessing its not the same case but the  production company did attempt a trademark case against a UK brewery but the case was rejected in the US court “Peaky Blinders Spirits” wins IP Battle from “Peaky Blinders” Producers (latestlaws.com)

martindow

I wonder whether a Peaky Blinders bar attracts a violent clientele looking for a good fight.