A
message from Julian Barnard:
You may know that Healing Herbs Ltd has
been engaged in a High Court action in Britain with
the Nelsons' subsidiary Bach Flower Remedies Ltd (the
respondent) concerning registered trade marks in the
name 'Bach'.
We are pleased to say that Healing Herbs
has won the case and that, after an eight-day trial,
the Judge held that Nelsons had no right to monpolise
the word 'Bach' for its own products alone.
Eight registered trade marks of Bach Flower
Remedies Ltd were being contested (four pairs registered
in a classes 5 and 16) and the Judge concluded that:
1. Both the 'Bach Flower Remedies' trade
marks should be removed from the register;
2. Both the 'BACH' registered trade marks
should be removed from the register;
3. Both the 'BACH' trade marks in the signature
form can remain on the register, but only provided the
respondent is prepared to agree to a disclaimer in relation
to the word 'Bach' itself;
4. Both the roundel device trade marks may
remain on the register, provided the the respondent
agrees to the disclaimers extending to the word 'Bach'
as well as to the words 'Flower Remedies'.
The 119-page judgement includes a review
of Dr Bach, his work and the production of the remedies
after his death. Instructive reading! If you would like
to see what Mr Justice Neuberger said, it is posted
on the Internet at:
The
Court Serive
Click on search - Typ in Healing Herbs -
Press search
Healing Herbs is delighted by the result.
However, Nelsons are taking the issue to the Court of
Appeal.
This has been a David v Goliath battle and
we want to say 'Thank you' to everyone who has supported
our team by prayer, word and deed, through the two years
of uncertainty while we fought the case. I hope you
will iunderstand that we did not go into this with any
intent to damage the business of the Nelsons Group.
We simply wanted to be able to provide those interested
in buying and using the Flower Remedies with a choice,
and the freedom to describe them as what they are.
Julian Barnard
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