A firm of solicitors acting for Nando's wrote to a local chicken business on Oxford Road, whose restaurant is named Fernando's claiming that thier restaurant is infringing on their client's trademark. Nando's had instructed the firm to write to the owner of the business asking them to rebrand.
There are similarities in the logos and Fernando's appears to have a menu that one may argue has similar features to that of Nando's. Nando's claims Fernando's are infringing on the chain's intellectual property rights as they have a similar name, Cockerel image and peri-ometer image.
Either way, it leaves a headache for the business owner who needs to weigh up whether it is worth fighting such a big brand or whether it is more cost effective to rebrand.
Fernando's director Asam Aziz said he got inspiration for the branding from ITV's show "Take Me Out".
This is a great example of why careful consideration needs to be given to branding by anyone who is thinking of starting a business and the importance of applying to protect your logos and branding at the outset.
If you are thinking of setting up your new business or would like any advice in relation to your existing business you can contact Martin Reynolds in our Property and Commercial Department - [email protected].
Martin has written a book on Ten Common Mistakes Businesses Make with the Law. To download a free copy of the book go to Martin Reynolds' Book on Business Law.