x
By using this website, you agree to our use of cookies to enhance your experience.
Written by rosalind renshaw

An ugly spat is developing between Fine & Country and Spicerhaart – even before it reaches the courtroom.

Fine & Country, confirming that it has issued court proceedings alleging trademark infringement and passing off in respect of the use of the Fine brand by Spicerhaart, said it will “take all necessary action” to protect its brand.

It said: “The claim will be vigorously pursued through the courts.”

But Spicerhaart said Fine & Country should “think twice before pursuing legal action when it can’t even put its own house in order when it comes to marketing”.

It said that allowing Wimbledon-based estate agent Finch & Company to copy its logo and font style was in complete breach of Fine & Country’s own brand guidelines which have to be followed by licensees.



Spicerhaart also said that Fine & Country’s trademark had been incorrectly registered, complete with a crossing out through its strapline (website link below).

Spicerhaart said that “despite these embarrassing revelations”, Fine & Country was pursuing the Fine brand through the courts.

Spicerhaart chief executive Paul Smith said: “The more we look into the way that Fine & Country manage their marketing, the more we realise how inconsistent it is. They have a cheek to take a pot shot at our award-winning lifestyle marketing which they have been emulating, when they should really be looking closer to home.



“For a start, why were Finch & Company given ‘temporary special dispensation’ to copy the Fine & Country brand, given that the cost of signage, stationery and marketing is not insignificant? Other licensees are not allowed this treatment.

“It is no accident that Finch & Co is owned by LSL who, along with Jon Cooke, just happen to own 25% of Fine & Country. You have to ask yourself who is really calling the shots at Fine & Country.



“Secondly, how can they berate us over our marketing when a quick search of the Intellectual Property Office website reveals their trademark to be a complete embarrassment!”



He added that Fine & Country’s decision to issue a High Court claim 15 months after Fine entered the prestige property market, and more than three years after the initial launch of the Fine lifestyle magazine, “smacked of a desperate attempt to stifle fair competition”.



He went on: “All credit for our hugely successful lifestyle marketing should go to Director of Fine, Dean Heaviside, who tried to persuade Fine & Country to adopt his approach countrywide when he himself was one of their licensees. They chose not to take his advice and now they want a piece of the action.

“Take a look at their website, then take a look at ours. I know which one I’d choose to market my property if I was selling my home!”

Fine & Country were invited to comment on the Spicerhaart claims, but said: “Whilst court proceedings are ongoing, it would not be appropriate to provide any further comment on the case.”

www.ipo.gov.uk/types/tm/t-os/t-find/t-find-number?detailsrequested=C&trademark=2287385

Comments

  • icon

    Both marketing ploys to hood wink vendors so let em get on with it

    • 19 October 2010 13:40 PM
  • icon

    Much as I generally dislike Spicer Haart's approach to the business and their apparent disregard for professionalism and standards,I believe that prima facie they have the stronger case here. I have little doubt that choosing the word Fine for their supposed up market "lifestyle" brand was aimed at obtaining some benefit from the F & C brand but I'm not convinced by F & C's arguments and inconsistencies either. Still nice to see two sets of lawyers making a decent living!

    • 18 October 2010 13:45 PM
  • icon

    The words 'tea', 'storm', 'cup' come to mind. Can I have my job back please?

    • 18 October 2010 11:54 AM
  • icon

    The more I hear about Spicerhaarts bully boy tactics the more they come across as the mafioso of an industry that still needs to work hard on it's image. The industry doesn't need this type of attitude. Paul Smith seems to be immature in his responses and seems to almost be resorting to teenage insults about Fine and Country. Surely he should be defending himself rather than attacking them, it only tarnishes his image and Spicerhaart image even more.

    • 18 October 2010 11:48 AM
MovePal MovePal MovePal