Choc mum loses her legal battle

8:31am Friday 16th May 2008

A YORK mother's legal battle over her company name has ended in failure.

Linda Barrie, of Naburn, set up Choc-Affair, which proved to be an internet success story.

She launched the company initially for her daughters due to their intolerance for ordinary milk chocolate and has gone on to sell her Fair Trade products to customers across the country.

Ms Barrie had tried to block Chelmsford-based The Chocolate Affair from registering its name as a trademark for its chocolate fountain catering service.

But now Oliver Morris, an adjudicator for the UK's Intellectual Property Office, has rejected her challenge, and ruled that there is enough room in the marketplace for both similarly-named ventures. He ruled Britain's chocoholics would be able to tell the difference between Choc-Affair and The Chocolate Affair, and would not leap to the conclusion that they were linked enterprises.

Both sides claimed they hit upon their respective names in a bid to conjure up an image of "naughtiness and indulgence". But Linda Barrie, whose hot chocolate swizzle sticks and other confectionery are sold over the internet from www.choc-affair.com claimed the similar names would confuse customers into thinking the two brands were linked. She argued The Chocolate Affair's trademark application should be rejected. However, backing the company, of 12 Nicholson Place, Easthanningfield, Chelmsford, and approving the registration, Mr Morris said: "In my view, the uses of the respective marks in relation to the respective goods and service will not lead to a likelihood of confusion.

"Taking all things into consideration, I am left with the view that the relevant consumer, who is considered to be reasonably circumspect and observant, may notice the similarities between the respective marks, but, due to the goods and service involved, this will be viewed as nothing more than a co-incidental sharing of a similar averagely distinctive trade name and, consequently, they would not believe the respective undertakings to be the same or to be economically linked."

He ordered Ms Barrie, whose company address is Marina House, York Road, Naburn, York, to pay The Chocolate Affair £432 towards its legal costs.

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