Law Weblog

A Whopping Folly?

Burger King™ sell a fairly ordinary burger called a “Whopper”; I doubt there is a law student in the UK who doesn’t know that. However, I doubt that many UK law students know that there is a large oatmeal flapjack also called a “Whopper™ “. Confusion is not on the menu, yet Burger King has threatened legal action against the Welsh flapjack maker. A similar battle of David and Goliath has been arraigned between a small greengrocer in Bournemouth and the famous Covent Garden™ market, because the tiddler in Bournemouth has used the same name for his/ her local shop, which sells the same produce. The big boys will win.