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Asda clashes with Specsavers in IP dispute



05 November 2009

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Asda is facing an intellectual property battle with Specsavers over trademark infringement in an online advertising campaign. The supermarket chain, which offers an optician service online and in store, used the slogan "Be a real spec saver at Asda".

Specsavers also says the brand logo, which features two ovals and is green, is misleadingly similar to its own.

The trial date was originally set for January, but has now been put back to April as Asda said it needed time to poll shoppers on whether they felt they had been misled by the advertisements.

It has, nevertheless, already agreed to remove any reference to being a "spec saver" from its advertising as soon as possible.

Alex Zachary, Partner in the Technology and IP team at B P Collins, comments: "Businesses work hard to generate goodwill in their brands and can lose business or reputation if competitors piggy-back on that goodwill.

"This case illustrates the value of trademark protection which affords the owner the right to exclude others from unfairly benefiting from its branding."

For advice on protecting, exploiting or asserting your intellectual property rights, contact Alex or another member of the TIP team at B P Collins on 01753 889995, complete the online enquiry form or email enquiries@bpcollins.co.uk.ADNFCR-1669-ID-19445354-ADNFCR

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