Who? Steven James, partner at Pillsbury Winthrop Shaw Pittman, London.
Why is he in the news? Successfully represented celebrity florist FLOWERBX in a trade mark infringement claim against rival florist Flowers Box London.
Thoughts on the case: ‘This was built on the strength of a brand that had been carefully cultivated by founder Whitney Bromberg Hawkings and the FLOWERBX team over more than a decade. FLOWERBX invested heavily in building a reputation for what the court described as “luxury and stylish floral design of the highest quality”, through significant marketing, high-profile fashion collaborations and extensive national press coverage. The court acknowledged the significant efforts that had gone into forging that reputation. The key to the case was the sheer volume and quality of the confusion evidence, which came from both sides’ disclosure. Customers, suppliers and even Trustpilot had repeatedly confused the two businesses. The court found infringement on both likelihood of confusion and unfair advantage grounds, concluding that a “transfer of image has actually occurred” and that the defendant, Flowers Box London, took unfair advantage of the reputation of the FLOWERBX mark. This case reinforces the importance of brand owners collating evidence of reputation and confusion evidence as they go, so they can deploy it effectively when needed.’
Dealing with the media: ‘The case has received considerable, positive press attention since the judgment, from national, trade and legal press. For me, this entirely supports our case theory, namely that FLOWERBX is a much-loved brand with an enviable reputation for quality and prestige. It is also a real success story of an entrepreneur who took the bold decision to protect a business she had put her heart and soul into when FLOWERBX’s trade mark rights were infringed. She and FLOWERBX have been fully vindicated in that decision.’
Why become a lawyer? ‘I wanted to combine the academic challenge of law with business. I had a background working in television with creatives, so the idea of applying legal concepts to support entrepreneurs, innovators and business leaders sounded like great fun. Fortunately, IP law is one of the fastest-changing and most exciting areas of law to practise.’
Career high: ‘Setting up my own brand and networking initiative to bring together entrepreneurs, investors, lawyers and other advisers, through an integrated series of events, podcasts and collaborations, which received industry awards and accolades.’
