All posts by David Walker

Nando’s v Fernando’s – How to avoid a branding nightmare as a new start-up

Case Study: Nando’s v Fernando’s – How to avoid a branding nightmare as a new start-up

By | Business disputes, Intellectual Property, Small Business, Start Up, Trade Mark | No Comments

This dispute hit the headlines back in 2018 and is a classic example of a situation I have come across many times – a start up business using similar branding to a famous competitor and then being threatened with trade mark infringement.

The start-up feels like they’re being bullied into a rebrand and the famous brand feels the backlash and negative PR from being accused of throwing their weight around.

So, who’s in the right and who’s in the wrong and what lessons can be learnt from a situation like this?

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Supermac’s v McDonald’s – How a small business can stand up for their rights and not be bullied into rebranding

Case Study: Supermac’s v McDonald’s – How a small business can stand up for their rights and not be bullied into rebranding

By | Business disputes, Intellectual Property, Small Business, Trade Mark | No Comments

This was a great example of how, with a little bit of knowledge, a small business can stand up for their rights and not be bullied into rebranding.

In this case study, I’m going to explain how Supermac’s achieved this against the might of McDonald’s and how the fast food giant ended up losing one of their “Big Mac” trade marks in the process.

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A brand protection strategy for small businesses

A brand protection strategy for small businesses

By | Intellectual Property, Small Business, Start Up, Trade Mark | No Comments

There’s no doubt that registering a trade mark is the best way to protect your brand and yet a surprising number of entrepreneurs and business owners don’t do it.

But why?

Often, it’s a timing issue. They know that protecting their brand is important but they don’t get around to it because they believe the risks of infringement are low. However, as I explained in my Trade Mark Essentials article, the risks are now much higher than they used to be.

And, they’re growing.

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Trade mark essentials - how and why every business should protect their brand

Trade mark essentials – how and why every business should protect their brand

By | Intellectual Property, Small Business, Start Up, Trade Mark, Uncategorised | No Comments

What is a trade mark and what do they do?

A trade mark is a legal right that protects your brand. It’s one of a range of intellectual property rights along with patents, copyright and registered designs.

Often, people use the names of the different intellectual property rights interchangeably. For example, sometimes they will say that they want to copyright their logo or patent their business name, and whilst this isn’t actually correct, generally we know what they mean.

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How to start a business during a recession and make it thrive!

By | Small Business, Start Up | No Comments

If you’re reading this article, you’re probably thinking about starting a new business. This may be something you have always dreamed of doing, or it may be that recent events have shown that being employed isn’t as safe and secure as you once thought.

However, as much as starting a new business is something you would love to do, you may be worried about the timing.

You may be asking yourself, “Is now a good time to start a business or should I wait until the economy picks up?Read More

Cash flow forecast

How to prepare a cash flow forecast for your business

By | Small Business, Start Up | No Comments

You may be wondering why I’m writing this article. After all, I’m a solicitor, not an accountant. Well, in my opinion, preparing a cash flow forecast is not a task for your accountant, it’s a task for you. Being able to prepare a cash flow forecast is an essential skill that every business owner should have.

What is a cash flow forecast and why is it so important?

As the name suggests, a cash flow forecast is a spreadsheet on which you forecast the amount of cash flowing through your business. You’re predicting what money is coming in, what’s going out and when this is happening. Read More

How to run a successful prize competition business

How to start a prize competition business in 9 easy steps

By | Prize Competitions, Small Business, Start Up | No Comments

If you’re thinking about running a prize competition, either to promote your existing business, or perhaps running multiple competitions as a business in itself, you need to go about it in the right way.

If you don’t you will end up losing money and wasting a great deal of time and effort.

You may also find yourself breaking the law and inadvertently running a gambling business or an illegal lottery! If you are, you run the risk of being shut down.

As a solicitor, I’ve worked with a huge number of promoters helping them set up and run their prize competition businesses. The most successful ones follow a process similar to the one I have set out below. Read More

Are contrapreneurs breaking the law?

Are the contrapreneurs actually breaking the law?

By | Business disputes, Small Business, Start Up | No Comments

In my previous article, “In defence of the contrapreneurs”, I looked at the dangers of the contrapreneur exposé videos. I highlighted the fact that some of the business celebrities trying to bring these contrapreneurs to justice were distributing just as much false and misleading information as the contrapreneurs themselves.

I have another issue with them too.

Many of the exposé videos I have seen are so focused on their moral quest that they fail to answer two very important questions:

  1. Are these contrapreneurs actually breaking the law? And
  2. If they are, what can you do about it?

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