Another reminder to always check for third party rights when launching a new product

Marks & Spencer have again been on the wrong end of a social media campaign relating to allegations of unauthorised use of someone else's intellectual property rights. This time they have been accused by The Craft Beer Co. of taking their name and using it on t-shirts. In response to a post on social media from The Craft Beer Co. Marks & Spencer have removed the t-shirt from sale while they investigate. This dispute is now right out in the public eye. This could have been avoided if Marks & Spencer had cleared use of this mark before they launched it. Brands have to be aware that the first they hear about an allegation of copying may be a public social media post rather than a private cease and desist letter. This means they may not be able to quietly deal with allegations of infringment but will instead have to publicly manage the situation. This can prove difficult. In this case it has also allowed Aldi and opportunity to poke fun at Marks & Spencer referencing its recent dispute where Marks & Spencer accused it of infringing its rights in Colin the Caterpillar. 

The take home message is to get new products and logos cleared before use to minimise the risk of getting embroilled in an online dispute over intellectual property infringement.