07 October 2026
A recent UK trademark dispute involving celebrity florist FLOWERBX shows that changing a letter or two doesn't necessarily mean you're in the clear.
The FLOWERBX case
FLOWERBX, a florist whose clients have included Victoria Beckham, brought a trademark infringement claim against Flowers Box London, which also traded as FLOWERSBOX.
At first glance, the names are different. However, the Intellectual Property Enterprise Court found that there was a sufficiently high degree of similarity between them to create a likelihood of confusion.
The court also found that Flowers Box had taken unfair advantage of the reputation that FLOWERBX had built through its business and marketing activities.
The case is a useful reminder that trademark disputes aren't necessarily about two businesses having exactly the same name.
A name doesn't have to be identical to cause a problem
It's easy to assume that if your chosen business name is slightly different from an existing one, you're safe - that isn't necessarily the case.
When considering whether names are too similar, factors such as how they look, sound and are perceived by customers can be important.
In the FLOWERBX case, the court considered the similarity between the names alongside evidence of the businesses' activities and customer confusion. This is particularly important where you're operating in the same or a similar market.
A name that seems sufficiently different when written down could still be confusing if customers could misread, mishear or mistype it.
What about 'Dogue' and 'Vogue'?
The same question has also arisen in a very different industry. US dog magazine Dogue has become involved in an ongoing dispute with Condé Nast, the publisher of Vogue, over the use of the name and associated branding.
The dispute highlights a similar issue: how much difference does one letter really make when two brands have a strong visual or phonetic similarity?
Unlike the FLOWERBX case, this dispute is ongoing, so it should not be treated as establishing a final legal position.
However, it provides an interesting example of why businesses need to think carefully about their branding before investing time and money in developing a reputation around a particular name.
Your business name may be more valuable than you realise
A business name can become closely associated with the products or services you provide.
Over time, customers may recognise the name, associate it with a particular standard of service and remember it when deciding where to spend their money. That reputation can be valuable.
The FLOWERBX case demonstrates that a business may be able to establish rights in a name even where the wording itself might initially appear relatively descriptive or ordinary.
The court considered evidence of the company's business, reputation, following and customer confusion when reaching its decision.
Check your name before you build your brand
For businesses launching a new product, service or company, choosing a name is an exciting part of the process. But it is also worth carrying out proper checks before committing to it.
You should consider:
Simply finding that your chosen name isn't identical to another registered trademark doesn't necessarily mean that it is safe to use.
Getting advice at an early stage can help you identify potential problems before you've invested heavily in your website, signage, packaging, advertising and other marketing.
Can you protect your business name?
Trademarks can provide valuable protection for business names, logos and other distinctive signs, provided the relevant requirements are met.
Other intellectual property rights may also be relevant depending on what your business is creating and how it is being used.
The right protection will depend on your business, the brand you're developing and the goods or services you provide.
The lesson for businesses
The FLOWERBX case is a useful reminder that small differences in spelling don't necessarily mean two brands are legally distinct.
If you're launching a new business or developing a new brand, it's worth checking the name before you build your reputation around it.
A little time spent carrying out the right checks at the beginning could save you considerable cost and disruption further down the line.
How we can help
Choosing and protecting your business name is an important part of building a successful brand.
Our Business Law team can advise on a range of commercial and intellectual property matters, including issues surrounding business names, trademarks and potential disputes.
We support clients across Dorset, including Bournemouth, Poole, Christchurch and Highcliffe, providing clear and practical advice tailored to your circumstances.
If you're starting a new business, launching a new brand or have concerns about another business using a similar name, speak to our Business Law team for advice. Call 01202 526343 or contact us through our website to arrange a confidential consultation: Contact Us AB Solicitors For Your Legal Needs
