英国电子烟公司终于赢了与服装巨头Hugo Boss的这场官司
英国电子烟公司终于赢了与服装巨头Hugo Boss的这场官司
引言:为自己的品牌名称辩护了成千上万次,终于,Flavor Boss,一个西北的家庭企业,赢下了与Hugo Boss的这场官司。
Flavor Boss是一个家庭经营的小型电子烟制造商,产品名为“Boss Shot”,却与雨果·博斯(Hugo Boss)进行了长达约4年之久的名字之争。2017年,这家电子烟公司收到了市值数十亿英镑的时尚巨头Hugo Boss的停产通知书,要求其更改公司名称和最畅销的产品“Boss Shots”。
最终,经历了近四年的诉讼,消耗了成千上万的律师费,最终审判终于站在Flavor Boss这一方。总裁罗宾·哈金(Rob Hackin)宣布:“这是一场长期而艰苦的斗争,但我们很高兴地宣布,我们已经得到确认,欧盟知识产权管理局第二上诉委员会已拒绝了Hugo Boss在欧盟异议程序中的上诉。”
鼓励电子烟初创企业参与战斗
2018年,Hugo Boss的净收入为2.36亿欧元。Hackin指出, Flavor Boss在被起诉时刚在起步阶段,很容易受到恐吓,但他们知道必须反击。“那时我们还处于起步阶段,但公司也是我们费劲心力建立的,我们必须与之抗争。这是一个数十亿英镑巨头公司攻击小型独立企业的典型案例。”
他鼓励任何发现自己可能处于同一处境的人也做出同样的反击。“对于那些发现自己与Flavor Boss处于同一处境的人,我的建议是与之奋战到底,同时也是向这些公司表明,他们并没有掌握所有势力。这将是一场漫长的斗争,但这是您的生存根本。”
显然, 一直以来,Hugo Boss都以“Boss”这个名字不择手段地控告小型企业和慈善机构。实际上,英国喜剧演员乔·莱西特(Joe Lycett)于去年3月通过契据民意调查将他的名字改成了Hugo boss,引起了人们的注意。Joe Lycett的这一行为得到了广泛的媒体关注,也吸引了数百家与Hugo Boss作战的小型企业的注意,其中包括小型酿造公司“Boss Brewing”,后者甚至被迫更改了啤酒的名称。
UK Vape Firm Finally Wins Lawsuit With Clothing Giant Hugo Boss
After spending tens of thousands defending themselves against clothing giant Hugo Boss over their brand name, Flavour Boss, a Northwest Family-run company has finally won the case.
Flavour Boss, a small family-run manufacturer of e-liquid concentrates for electronic cigarettes under the product name ‘Boss Shot’, have been tied in a ridiculous battle with Hugo Boss for about 4 years. In 2017, the e-cig company received a cease and desist letter from multi-billion pound fashion giant Hugo Boss, which demanded that they change the name of their company and best selling product ‘Boss Shots’.
Finally, after almost four years and tens of thousands in solicitors fees, the case has been settled in Flavour Boss’ favour. Rob Hackin CEO announced, “It’s been a long and treacherous battle, but we are delighted to announce that we have received confirmation that EUIPO’s Second Board of Appeal has rejected both of Hugo Boss’ appeals in EU opposition proceedings”
Encouraging vape start-ups to fight
In 2018, Hugo Boss had a net income of €236 million. Hackin pointed out that given that Flavour Boss was just a start up when they received the lawsuit, they could have easily been intimidated, but they knew they had to fight back. “We were only in our infancy back then, but we had put our heart and soul into building the company and knew we had to fight it. It was a case of bully boy tactics from a multi-billion pound company attacking small independent businesses.”
He encourages anyone who may find themselves in the same position to do the same. “For anyone who has found themselves in the same situation as Flavour Boss, my advice is to fight your case and show these companies that they do not hold all the power. It’ll be a long fight, but it’s your livelihood at stake”.
Apparently, Hugo Boss has a reputation for unscrupulously going after small businesses and charities using the name “Boss”. In fact, UK comedian Joe Lycett has brought attention to this by changing his name to Hugo boss by deed poll last March. This stunt received wide-spread media attention for Joe Lycett, but also shined a spot light on the hundreds of small businesses fighting Hugo Boss, including small brewing company ‘Boss Brewing’, who have even been forced to change the name of their beers.