Cambridge University Secures Victory in Trademark Dispute Over City Name
The proprietor of a rowing enterprise has been defeated in a trademark conflict with the University of Cambridge concerning his utilisation of the historic city's designation within his firm's appellation. Omar Terywall established Cambridge Rowing, a venture that initiates beginners into the sport upon the River Cam, and submitted an application to register the name alongside a logo during 2022.
University's Formal Objection and Legal Arguments
However, the chancellor, masters, and scholars of the university – which secured the trademark for 'Cambridge' multiple years ago to deter corporations from capitalising on an inferred association with the eight-century-old establishment – filed an official opposition, contending that it must 'prevent misuse'. Mr Terywall, aged 46, had characterised the legal confrontation as 'bonkers' and alleged the university of engaging in 'bullying' tactics.
Nevertheless, subsequent to a hearing conducted last summer, the Intellectual Property Office has presently adjudicated against him – and mandated his company to cover the university's expenses totalling £2,400. In a documented judgement, IPO hearing officer Rose Le Breton determined there existed a 'likelihood of confusion' between Cambridge Rowing and the diverse services provided by the university.
This signified there was 'no doubt' that Cambridge Rowing would 'benefit unfairly' from the educational institution's 'substantial investment' in its 'reputation and image of prestige generated by its widely publicised accomplishments'. Ms Le Breton further remarked this would result in the company 'securing a commercial advantage as a direct benefit of the opponent's reputation'.
Business Owner's Reaction and Appeal Considerations
Mr Terywall expressed he was 'gutted' by the verdict and is contemplating an appeal. 'To declare I'm disappointed is an understatement,' he informed the BBC, appending that local inhabitants would be 'outraged' that 'one entity possesses the word "Cambridge" because it does not assist the remainder of the city thrive in any manner whatsoever'.
The entrepreneur launched the firm in 2021 and asserts to have introduced 5,000 novices to rowing since that time. In February the subsequent year he applied to trademark the logo, which functions on the River Cam as Cambridge Rowing Experience, instigating the objection.
Legal Proceedings and University's Trademark Strategy
Throughout the IPO hearing in July last year, barrister Guy Tritton, representing the university, conveyed to Ms Le Breton that the logo, depicting a shield with a rower and the company's name, constituted a 'nudge and a wink to the university'. Prior to the ruling, Mr Terywall protested that assuming 'ownership' of the terms 'Cambridge' and 'rowing' was 'bonkers'.
He supplemented: 'Nobody genuinely owns the entitlement to the word "Cambridge" and nobody can assert that they own the word "rowing" either. It belongs to all of us. The company is Cambridge Rowing Ltd and it is a Cambridge rowing experience. It's where we are situated and it's what I perform.'
The legal challenge rendered him with 'no notion where to turn', he lamented, because it is a 'huge, multi-billion-pound entity', whereas he operates a 'very small local business'. He proceeded: 'It's terrifying when you've obtained a large organisation like them pursuing you… I suppose, yes, there is a form of bullying present.'
University's Broader Trademark Protection Efforts
The university, established in 1209, has registered 'Cambridge' as a trademark, encompassing 'sporting and cultural activities' and 'sport camp services'. Downing College, which forms part of the university, additionally holds a trademark for 'Cambridge Rowing Tank', an indoor training facility featuring two ten-tonne pools.
The university – which participates in an annual boat race versus Oxford University each year – has opposed prior endeavours by other companies to employ 'Cambridge' in their names. It maintains that 'the public understands that in the contexts of education, publishing, sport, academia and research, the word 'Cambridge' invariably refers to the 'University of Cambridge'.
In 2021, following an objection, it was ruled that a brewery could not register 'Cambridge Blue' as the designation of a boat race-themed lager. The hearing officer in that instance stated the name could convey the 'false message that the goods had been authorised, recommended or approved of' by Cambridge University, which would grant the brewery an 'unfair advantage'.
University's Statement and Historical Context
The university articulated in a declaration that preceding the IPO case with Mr Terywall it had 'sought a compromise that would function for both parties, approaching discussions cooperatively and with no desire to halt the applicant trading'. The applicant 'regrettably declined', which necessitated it had to 'oppose the application as it is frequently subject to third parties adopting names which deliberately or otherwise endeavour to gain advantage from the university's reputation'.
The statement added: 'That matters. For instance, repeatedly, "Cambridge" summer schools and other organisations trade unfairly off the University’s international standing and renown, causing families globally to be misled.' The deadline for Cambridge Rowing to appeal to the IPO is March 3.
The earliest known portrayal of a rowing boat dates from approximately 5,800 BC and was uncovered in Finland, according to World Rowing, the international governing body for the sport.
