London
02 December 2016
Reporter: Barney Dixon
My spa will go on: Titanic trademark dispute
Titanic Spa has won a High Court decision to “protect its brand” following alleged trademark infringement by the Titanic Hotel Liverpool.

The spa’s operators, Property Renaissance, brought action against Titanic Hotel two years after the hotel’s opening, citing customer confusion and saying the spa had received calls and emails from customers who believed the two were the same entity.

Titanic Spa’s owners then commenced legal action to protect their “hugely successful business and brand”.

Judge Henry Carr ruled that Titanic Spa’s trademark had been infringed by the hotels actions and that consumers had been confused between the two companies.

Carr held that the Titanic Hotel must take steps to reduce the chance of confusion, including placing a disclaimer on its website and ceasing to use the word ‘spa’ in its materials.

Amy Burton, director of operations at Titanic Spa, said: “The decision to go to court was not one we took lightly. We are well known in the industry and we have no fear of healthy competition but we couldn’t stand by and allow our brand to be diluted in this way.”

“No business owner wants to go to court, devoting resources to litigation rather than building on their success. But one of the reasons we have been so successful ... is that we have invested a lot to build a strong and recognisable brand.”

Taylor Wessing represented Titanic Spa in the litigation, with Jo Joyce acting as the spa’s solicitor.

Joyce said: “Titanic Spa has spent over two years dealing with the customer confusion that has arisen as a result of the infringement of its intellectual property rights.”

“We are hopeful that, in the light of this decision, changes will be made to ensure that such confusion ceases.”

More trademarks news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
UK commits to Brexit unknown
29 March 2017 | London | Reporter: Mark Dugdale
The UK has officially pulled the trigger on Article 50 and commenced the two-year negotiation process that will end in its exit from the EU
Ted Baker chooses Incopro
29 March 2017 | London | Reporter: Barney Dixon
The brand will use Incopro’s Talisman technology to fight infringement.
Young people more likely to buy counterfeits
24 March 2017 | Alicante | Reporter: Barney Dixon
But, overall, responses show a high level of support for intellectual property rights
Amazon broadens anti-fakes fight
22 March 2017 | Las Vegas | Reporter: Barney Dixon
Brands should not “rest on their laurels” when it comes to the new initiative
TMCH could ‘interfere’ with free expression
17 March 2017 | Los Angeles | Reporter: Barney Dixon
Academics and practitioners have penned a letter to top Internet Corporation for Assigned Names and Numbers officials, expressing concerns about its Trademark Clearinghouse
IACC president testifies in Italy
17 March 2017 | Rome | Reporter: Barney Dixon
International Anti-Counterfeiting Coalition president Bob Barchiesi has called for further collaboration in the fight against counterfeiting before Italy’s parliamentary committee inquiry on counterfeiting
Criminal counterfeiters targeting replicas
16 March 2017 | London | Reporter: Barney Dixon
Brands are increasingly prioritising replica products in the fight against counterfeiting due to criminals' behaviour