Drop a letter here, swap one there, and you might think you have a name of your own. Two recent disputes, one involving a florist favoured by Victoria Beckham and the other a dog magazine up against Vogue, show that the law doesn’t always agree.
In the UK, luxury florist FLOWERBX has won a trade mark infringement claim against rival Flowers Box London, which traded as FLOWERSBOX. Flowerbx had registered its name as a trade mark in 2017. The Intellectual Property Enterprise Court found that the two names were highly similar and likely to confuse customers. There was evidence that customers had done exactly that: orders, complaints and online reviews had all gone to the wrong business. The court also found that Flowers Box had taken unfair advantage of its rival’s reputation and marketing.
Flowers Box argued that FLOWERBX simply means “flower box” and should never have been registered. The court disagreed and upheld the mark.
“A name may look available because it isn’t identical to an existing brand, but that doesn’t make it safe to use,” said Peter Moody, consultant at RIAA Barker Gillette. “Flowerbx won because it registered early, used the name consistently and could show that customers associated it with its business.”
Across the Atlantic, Condé Nast is suing independent US title Dogue, a fashion magazine for dogs, arguing that its name and branding suggest a connection with Vogue. The twist is that Dogue started in 2019, years before Vogue published its own “Dogue” issue. The case is at an early stage, but the question is a familiar one: how close is too close?
A lesson for hospitality
The point applies with particular force to restaurants, bars and members’ clubs, where the name above the door is often the business’s most valuable asset. Even the biggest names aren’t immune: in 2024 McDonald’s lost part of its BIG MAC registration in the EU, including for some restaurant services, because it couldn’t prove it was using the mark for them.
“Hospitality businesses tend to grow sideways,” said Peter. “One site becomes a group, a bar adds private dining, a club opens a hotel or launches its own products. The name chosen for a single site may become the most valuable thing the group owns, so it’s worth protecting properly from the outset.”
Practical steps
- Register early, and cover what you actually do now and plan to do next.
- Search beyond exact matches for names that sound, look or mean something similar.
- Keep evidence of use and reputation, including bookings, sales, press coverage, reviews and misdirected enquiries.
“Whether you’re opening a restaurant, launching a members’ club or starting any other venture, check the name, logo and branding properly before you sign the lease, order the signage, or start sales” said Peter. “Changing one letter is rarely enough.”
Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC)
About the author
Peter Moody is a Corporate and Commercial Consultant at RIAA Barker Gillette, with extensive experience advising businesses on corporate, commercial and intellectual property matters. He has particular expertise in the hospitality, leisure and arts sectors, providing practical, commercially focused advice to clients in the UK and internationally. Peter also advises on risk management, commercial negotiations and dispute resolution.