Liverpool’s Titanic Hotel has been forced to change its name after a spa in West Yorkshire successfully fought a High Court Claim to protect against its name and brand.
The claim from Titanic Spa was brought against the owners of the Titanic Hotel Liverpool, which opened in the summer of 2014, for trade mark infringement and passing off.
The Spa opened in 2005 and Property Renaissance, the owners said that ever since the Titanic Hotel opened two years ago, they have had a huge number of customers calling and emailing surrounding the confusion between the two companies, with many questioning if they are linked.
Because of this, the operators felt they had no option other than to take legal action to protect the business and brand they have built over the past decade.
After a three day trial, the judge found that Titanic Spa’s registered trade mark had been infringed by the actions of the Liverpool hotel and that consumers had been confused between the two companies.
Now as a result, the Titanic Hotel Liverpool would now have to take various steps to reduce the likelihood of confusion. These include stopping the use of the word ‘spa’ and placing a disclaimer on its website.
Titanic Spa’s director of operations, Amy Burton, expressed satisfaction at the Judge’s decision: “The decision to go to court was not one we took lightly. We are well known in the industry and have no fear of healthy competition but we couldn’t stand by and allow our brand to be diluted in this way.
“No business owner wants to go to court, devoting resources to litigation rather than building on their success. But one of the reasons that we have been so successful, winning dozens of the industry’s most prestigious awards, is that we have invested a lot to build a strong and recognisable brand. A brand that we hope to grow in future years. All of that could have been wasted if we hadn’t been prepared to act to defend it.”