Hugo Boss tells Liverpool owner of Boss Pets to take down company website

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"Hugo Boss Demands Liverpool's Boss Pets to Remove Website Over Trademark Concerns"

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Hugo Boss, the renowned German fashion house, has instructed a Liverpool-based company, Boss Pets, to take down its website, claiming that the use of the name infringes on their trademark rights. Boss Pets, which specializes in pet health supplies, was founded by Ben McDonald in February and utilizes the colloquial term 'boss,' which is commonly used in Merseyside to denote something of high quality or excellence. Upon receiving a letter from Hugo Boss demanding the cessation of his business use of the name, McDonald expressed that the situation was devastating, stating that his 'whole world collapsed.' He was given a ten-day ultimatum to comply with the request or face potential legal action, a move that has drawn attention to the challenges faced by small businesses in navigating trademark laws.

McDonald’s lawyer, Francis McEntegart, emphasized that the small local business poses no threat to Hugo Boss's profits. In response, a spokesperson for Hugo Boss acknowledged the common usage of the word 'boss' in English but insisted on the necessity to protect their brand rights globally. The spokesperson explained that the company is obligated to monitor and safeguard its trademarks and that the registration of Boss Pets represented a conflict with their existing trademarks. Hugo Boss has a history of vigorously enforcing its trademark rights, which gained public attention when comedian Joe Lycett changed his name to Hugo Boss in protest against the company's aggressive legal actions toward small businesses and charities using the term 'boss.' This situation highlights the often contentious relationship between established brands and emerging local enterprises, particularly regarding the interpretation of trademark protections.

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A Liverpool pet products company, Boss Pets, has been told to take down its website after the fashion house Hugo Boss said its name was infringing its trademark.

“Boss” is a commonly used slang word in Merseyside, used to mean something is great or excellent. Ben McDonald, from Bootle, set up the online pet health supplies business in February,the BBCreported.

McDonald, who describes himself as “just a lad from Bootle” who had spent “every spare penny” launching the business, said his “whole world collapsed” when he received a letter from the brand demanding he stop using the word. He was given 10 days to take down his website or face legal action.

His lawyer, Francis McEntegart, said: “My client is a small local business that is just starting out selling pet wellness products. It’s not going to interfere with the profits of Hugo Boss in any way.”

A spokesperson for Hugo Boss said she was aware of the colloquial use of the word, but that the company needed to “protect our brand rights”.

“We are aware that the English word ‘boss’ is one that is commonly used,” she said. “Nevertheless, it’s our responsibility to monitor and protect our brand rights globally and address unclear cases where needed.”

“When we became aware of the registration, we have approached the business owner as the intended registration represents an overlap with our trademarks,” she added.

“As an international fashion company, we need to – like any other corporation – take measures to protect our existing trademark rights. These measures apply to both of our brands, Boss and Hugo.”

The German fashion house is known for fiercely enforcing its trademark. In 2020, the comedianJoe Lycett briefly changed his name by deed poll to Hugo Bossin response to the company sending cease-and-desist letters to small businesses and charities that had used the word boss in their names.

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Source: The Guardian