An agency and its mail-order company client are being sued for damages
over two commercials featuring a fictional restaurant chain with the
same name as a real one.
The restaurant in the commercial is called Ed’s Easy Diner. Apple Pan,
which owns the real Ed’s Easy Diner chain, is asking the High Court to
order an end to the advertising.
A writ has been issued against WWAV Rapp Collins North and the mail-
order company, Grattan. It follows the appearance of two commercials
that form part of a national TV campaign advertising Grattan’s Look
Again fashion range.
Grattan this week promised that both it and WWAV would fight the move,
and that it had no plans to pull the commercials.
Apple Pan wants an injunction to prevent WWAV and Grattan from
infringing its copyright and prevent Grattan from infringing its
trademark during the course of its business. It also wants the court to
order Grattan to stop what it claims is an attempt to pass itself off as
having been endorsed by Apple Pan.
Apple Pan is also seeking damages and costs for the alleged copyright
and trademark infringements.
Enquiries to WWAV were forwarded to Grattan, where an executive said:
‘We strenuously deny these allegations, which will be defended
vigorously by both parties.’
Grattan acknowledged that the restaurant location used as a background
to some sequences in the films had led to claims by Apple Pan’s
solicitors that the company’s rights were being infringed. But the
Grattan spokesman insisted: ‘There are no plans to withdraw the