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.
