What’s in a name?
National barbershop chain probably would have lost in court: expert
An expert on trademark law says a national chain that threatened to sue local Halifax-area barbershop for trademark infringement probably wouldn’t have stood a chance of winning in court.
Tommy Gun’s Original Barbershop, which has more than 60 Canadian locations, has apologized for issuing a cease-and-desist letter that said barber Thong Luong had to change the name of Tommy’s Barber Shop because it created confusion for potential customers.
On Thursday, the company backed down amid a public backlash, saying it now has the “relevant information’’ it needed to reverse course.
“As a family-owned business, we applaud Mr. Luong’s entrepreneurial drive and passion for his business and wish him every success in the future,’’ the company said in a statement issued Thursday.
Luong said Tommy Gun’s retreat was caused in part by social media posts condemning the chain’s heavy-handed approach toward a small business.
“It’s amazing. I got one customer come in to give her son a haircut and she gave me a bottle of Champagne and a big cake,’’ Luong said. “So many people helped me. There’s a lot of emotion.’’
Christene Hirschfeld, a lawyer for Boyne-Clarke LLP in Halifax, said Tommy’s Barber Shop was registered with the province’s Registry of Joint Stocks six years before Tommy Gun’s Original Barbershop applied for a trademark.
“Tommy’s in Dartmouth was in a very good position,’’ Hirschfeld said. “They could establish that they had prior rights to use that name.’’