16 September 2010 - 9:35am | posted by | 8 comments

Kwik Fit threaten legal action against Qwik Lube

You can’t get quicker than a Kwik Fit fitter it seems after the eponymous mechanics chain took umbrage at the naming of an Edinburgh rival.

Qwik Lube are facing a multi million pound legal action from the car repair and servicing company over claims their publicity is “confusingly similar”.

Tony Dolan, owner of the upstart, has been ordered to change the blue and yellow colours of his logo and website so as not to infringe upon the Kwik Fit brand.

The mechanic has only been in business for two months and has branded the move “disgusting”. Dolan said: “They haven’t got a leg to stand on… Qwik Lube is definitely not a registered trademark.”

Kwik Fit’s lawyers have given Dolan until Tuesday to destroy all signs and flyers and find a new name.
 

Comments

16 Sep 2010 - 09:48
melanie@nisbetwylie.com's picture

Am I missing something? Where's the similarity? Different logo/typeface/colour and the 2 companies offer different services.....

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16 Sep 2010 - 09:54
mark_astle's picture

What about Kwik-e-Mart?

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16 Sep 2010 - 10:05
neale_gilhooley's picture

If Kwik-Fit were Clients of ours we would defend their legal rights to the hilt. Mr Nolan on the other hand seems to be an opportunist. Perhaps he should have sought legal advice from a trademark attorney rather than Trading Standards. Good story though.

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Anonymous (not verified)
16 Sep 2010 - 11:57
Anonymous's picture

Neale, If you think this looks like a 'passing off' of the Kwik-Fit logo, you need your eyes testing. What you're implying is that no one else can have a yellow and blue italic type logo with the word Kwik in the title in the 'car servicing' sector. If you were to apply this in general, 80% of existing log's, wouldn't! This is another example of big companies bullying small companies because they can afford to hire expensive legal rotweillers. What we need is some very rich person to make an altruistic gesture, and back Mr Nolan's legal defence. Then watch how quickly Kwik-Fits lawyers turn tail and run! And, launching a 'Multi-Million Pound' law suit against a sole trader, just smacks of small dick complex!

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Anonymous (not verified)
17 Sep 2010 - 11:29
Anonymous's picture

In an industry where this is such a grey area, Kwikfit will be lucky to in-force this...

Different name, different spelling, different pantone colours, different business model.

Kwikfits "brand" is built on "tyres and exhausts" where as Qwiklube is building on "quality car servicing" for the consumer.

full story... http://edinburghnews.scotsman.com/news/Motoring-giant-tries-to-put.65325...

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17 Sep 2010 - 14:48
neale_gilhooley's picture

Dear Anon 11:57

No, I did not ever suggest this is a case of passing off, clearly they are not attempting that (and after viewing Watchdog on BBC last night maybe they want a different name to protect their own reputation and business interests from confusion with Kwik Fit). Riding on the coat-tails perhaps

The important points are what Kwik Fit’s numerous Trademarks cover. If they cover the use of the word Kwik (in its various spellings or sounds as trademark do) in the automotive industry then I assume they have a pretty strong case.

Any Trademark attorney out there want to give us their professional opinion? Sorry no fee involved.

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17 Sep 2010 - 17:00
itlawyer's picture

As an IP lawyer, I thought I would "oil" the wheels of this action and point out that "passing off" is the deliberate representation of goods or services belonging to someone else. The issue of whether a Trade mark exists or not is factual and not really the issue.

The issue is, would a member of the public be confused into thinking that Qwik Lube is a part of the Kwik Fit empire.

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27 Sep 2010 - 14:15
neale_gilhooley's picture

Thanks Raymond and extra marks for the pun.

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