Russell wins trademark battle

Russell Brand has won a legal battle with the makers of Russell Athletic sportswear over the right to use his own name on merchandise.

The comic had wanted to trademark his name so he could use on products including clothing, but the sports brand argued that such a move could lead to confusion, and damage their sales.

Brand's business manager, told a hearing of the UK Intellectual Property Office that his client was an ‘extremely well-known person’ in his own right, unlikely to be confused with the sportswear brand.

The Russell Corporation argued that Brand was not known for being associated with clothing and that the names were too similar, The Scotsman reports.

However, ruling in the comedian’s favour, adjudicator Oliver Morris said most people would be aware of Brand’s fame, adding: ‘I come to the view that there is no likelihood of direct confusion.

‘The average consumer will recall and take into account that one mark is for a person's full name and the other mark is simply a person's forename together with a word indicating the type of clothing (athletic) being provided.’

Published: 10 Mar 2011