The owners of the Fine & Country estate agency brand this week won a high court fight to block rival Spicerhaart Group from using its FINE branding.
Malcolm Lindley’s upmarket estate agent Fine & Country, which licenses its name to firms across the country, claimed Spicerhaart was taking unfair advantage and risking confusion through its own premium property brand, FINE.
Spicerhaart, which introduced the FINE brand in 2009, argued that Fine & Country was seeking to secure a monopoly on the use of an ordinary word in common use by estate agents selling premium properties.
But Justice Hildyard ruled that the Fine & Country marks were “sufficiently distinctive” to warrant registration.
He said: “The claimants have established the triple requirements of a successful claim in passing off, which are goodwill, deception and damage; they are entitled to protect the goodwill generated by them in the course of their business.”
As well as an injunction and damages – to be assessed at a later date – the judge ruled Fine & Country is entitled to destroy any infringing material.
Spicerhaart said it would appeal.
