// Legal row between TK Maxx & Mike Ashley over the use of the Brand Max name settled outside of court
// TX Maxx hard argued it has trademark protection and that Brand Max caused confusion
// Mike Ashley’s lawyers disagreed
Mike Ashley’ and bosses at fashion retail chain TK Maxx have reached a settlement after becoming embroiled in a High Court row over a business name.
TK Maxx’s parent company, TJX UK, had complained about a trading name used by a branch of Ashley’s Frasers Group retail empire.
TJX sued a firm within Frasers Group, Sportsdirect.com Retail Ltd, and complained about a “designer outlet business” called Brand Max, which trades from 18 stores across the UK and Ireland and sells a range of clothing and homeware at discounts of up to 70 per cent.
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Lawyers had told a judge that the TX Maxx brand had trademark protection and they said Brand Max could cause confusion.
They also argued that TK Maxx was known for the sale of well-known third party brands at a discount and that Brand Max was looking to compete head-to-head in the same niche and did not distinguish itself from TK Maxx.
Bosses at Sportsdirect.com Retail Ltd disagreed, arguing that TJX UK could not establish “infringement” or “passing off”.
They also said TK Maxx’s arguments was based on the use of the word “max”, and believed Brand Max has only a “very low degree of similarity” with the fashion chain.
Mr Justice Miles, who began overseeing a virtual High Court trial earlier this week, has approved the out-of-court agreement.
with PA Wires