According to a BBC News report yesterday, the owners of the Barry Island Pleasure Park (‘BIPP’) in South Wales recently received a request from MAO not to promote their fairground ride as the “BARRY EYE”.
Whilst the ride is alleged to be widely dubbed as the “Barry Eye” by locals, the owners insist that this is not its official name. Nonetheless, MAO were clearly of the view that the name, official or not, implied a connection with The London Eye, thereby potentially causing confusion and unfairly enabling the BIPP to benefit from The London Eye brand’s power of attraction. It is reported that an “amicable agreement” has since been reached between the parties for the ride not to be promoted by any reference to the “Eye” moving forwards.
This serves as a positive example of a brand owner actively addressing unauthorised trade mark use in a commercially effective manner, whether such use is a flagrant infringement or a mere cheeky imitation, in order to maintain the value of their brand and prevent dilution.