sandwich shop forced to change name after threat from US chain
Legal wrangle leaves a bitter taste
Published:
A popular north-east sandwich shop has become embroiled in a bitter legal dispute involving an ancient peerage and a US fast-food franchise.
Earl of Sandwich – now known as E.A.R.L on The Green – was ordered to change its name after it emerged it is the trademark of an American chain founded by John Montagu, the 11th Earl of Sandwich.
The Aberdeen shop’s owner, Neil Corall, 31, said last night he was shocked when he received a letter from lawyers acting on behalf of Mr Montagu’s company demanding thousands in damages and legal costs.
He was also ordered to delete the shop’s profile from the Myspace website and remove its listing on Yell.com.
Mr Corall said: “I was a little concerned when I received the letter in January – the last thing you want to see at the start of the year is a letter from a lawyer threatening your business and asking for money.”
A friend of Mr Corall’s founded the Earl of Sandwich in 2002 at its original premises in Market Street, before the young businessman bought half the company in 2005.
A year later Mr Corall bought out his pal and in January 2007 relocated to 47 The Green, near Union Street.
Mr Corall said: “Being a member of the Federation of Small Businesses, I used my free legal advice and was told the company was using quite hard tactics. They could have just contacted me direct instead of spending money on lawyers.”
A spokesman for the Earl of Sandwich (the US company) said last night: “The Earl of Sandwich was launched in the US and has been there for a number of years.
“We now have plans to launch in the UK and Europe and we have trademarks both in the name Lord Sandwich and the Earl of Sandwich in relation to various things, in particular sandwiches and the provision of sandwiches.
“With the launch of shops in the UK and Europe we have to avoid confusion with similar businesses – that is essential for a successful launch.”
Lord Sandwich started the franchise in 2004 in Orlando, Florida, with his son Orlando and businessman Robert Earl, founder of the Planet Hollywood-themed restaurant chain. The nobleman is a direct descendant of the 4th Earl of Sandwich, who popularised the sandwich in Britain in the 18th century.
In May, the owners of Titanic Pizza Co in Carnoustie High Street won their fight over an alleged infringement of a trademark. The Angus firm was asked to remove its Family Feast meal from its menu after fast-food giant KFC said it had two trademarks on the name. KFC later dropped proceedings.
