KFC trademark dispute resolved

The decision by KFC to back down in its dispute with a Yorkshire pub shows why businesses need to take a balanced and commercial view when it comes to protecting their brand.

Martin Noble, Intellectual Property solicitor at Birmingham law firm Shakespeare Putsman, said: "A brand carries with it a reputation which can be the life blood of a business. A good reputation can boost revenue; but one that has been tarnished can wipe the value from a company instantaneously. KFC's dispute with the Tan Hill Inn over the words "Family Feast" demonstrates the lengths that a large multi-national corporation will go to in order to protect a brand. However in this case the damage that may have been caused by resultant negative media coverage and outraged local reaction to KFC's infringement action may have outweighed any benefit that the fast food retailer might have gained from the action.

"Of course KFC is perfectly entitled to protect its brand and in many instances enforcement action should be followed up. Otherwise, allowing one business to tread on your toes may lead to others being prompted to do so. However this case highlights the need to take professional advice before wading in. Not only will you need to deal with the law, but also be prepared to deal with any public opinion and negative commercial impact which may result from being over zealous in your enforcement programme."