Flowerbx wins High Court trademark battle against rival

Luxury florist Flowerbx Ltd has won a High Court trademark battle against a rival business, Flowers Box London Ltd. The judge ruled that the rival company's name breached Flowerbx's trademark, leading to confusion among customers and allowing the competitor to profit unfairly from Flowerbx's established reputation.

Customer Confusion Cited

Flowerbx, founded by Whitney Bromberg Hawkings, specialises in high-end floral displays and counts celebrities such as Victoria Beckham and Julianne Moore among its clients. The company registered its trademark in July 2017, having established a reputation for luxury and quality. Flowers Box London Ltd was incorporated in April 2019, though its owner, Lukasz Gajewski, began trading in 2017.

During a High Court trial, Flowerbx argued that Flowers Box London Ltd had breached its trademark by marketing itself using similar names. Ms Bromberg Hawkings claimed her business had lost custom as customers mistakenly ordered from the rival company, believing it to be Flowerbx.

Unfair Advantage Found

Recorder Amanda Michaels, the judge, stated that Flowers Box London Ltd had gained an "unfair advantage" by using names that included "Flowers Box" or "Flowers Box London". This allowed the business to profit from the reputation built by Flowerbx through its hard work and marketing efforts. The court heard that the rival company received messages congratulating it for five-star reviews intended for Flowerbx from July 2019, indicating awareness of the potential for confusion.

The judge noted that while the name may have been adopted innocently, the defendant traded with knowledge of Flowerbx's business. This knowledge was reinforced by Mr Gajewski's visits to Flowerbx's website and his subscription to its marketing emails. The court was satisfied that the defendant took unfair advantage of the distinctive character or repute of the mark.

Damages to be Assessed

Flowerbx's business model focuses on providing elegant, modern flowers, often cut to order to ensure freshness and quality. The company has undertaken collaborations with high-end fashion brands and provided arrangements for celebrity events. The question of the amount of damages Flowers Box London Ltd must pay to Flowerbx will be decided at a separate court hearing.