A UK court has recently found that Asda’s use of the advertising catchphrase “be a real spec saver at Asda” infringed Specsavers’ rights to its registered Community trade mark.  Under law “unfair advantage” cannot be taken of the distinctive character or the reputation of a Community trade mark. 

The Court noted that a link had to be established between the trade mark (of Specsavers) and the catchphrase (of ASDA) and ruled it sufficient for the purpose of establishing the infringement that the catchphrase brought to mind Specsavers and was “riding on the coattails” of Specsavers.  In determining that the catchphrase gave rise to an unfair advantage, the Court noted the suggestion in the catchphrase that consumers would save money by going to Asda instead of Specsavers.   

While Specsavers’ case was successful, it may prove to be a hollow victory as Asda had ceased using the catchphrase since 2009.  This case follows a new line of authority, the L’Oreal v Bellure case , which may restrict use of another’s brand or trade mark in a competitor’s advertisements.