Football title’s legal action set to block same-name brand

Haymarket Magazines’ football title, FourFourTwo, has won a legal battle to prevent the launch of a beer carrying the same name.

Haymarket Magazines’ football title, FourFourTwo, has won a legal

battle to prevent the launch of a beer carrying the same name.



Last Thursday at the Old Bailey, Judge Weekes granted a permanent

injunction prohibiting the Exeter-based company, 21st Century Drinks,

from using the 442 brand name.



Patrick Fuller, publishing director of Haymarket’s Leisure Titles, was

concerned that the existence of the 442 named beer could damage joint

marketing opportunities with brewers as well as harm any future plans by

Haymarket for FourFour-Two brand extensions.



Fuller was also worried the magazine brand would become associated with

a small company that had no track record in the beer industry and whose

sister company, Spilt Drinks, last month went into voluntary

liquidation.



He said: ’As this case shows, Haymarket is determined to protect

itsbrands.’



Proceedings against 21st Century Drinks were instigated by Fuller

following a meeting with the company’s managing director, John Philpott,

who said he hoped to get a 1 per cent share of the beer market with the

442 brand and would put pounds 120,000 into marketing and promoting the

new product. On 20 August, Haymarket issued a writ for a temporary

injunction on 21st Century Drinks, which was granted on 16

September.



Part of the case rested on evidence given by FourFour-Two subscribers

and the research company, Navigator, which revealed a reasonable

proportion of the public would assume the football title to be behind

the launch.



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