Action group formed after corporate trade mark threat
IVC Evidensia has asked practices to cease use of the phrase 'Pet Health Club'.
An action group has been formed after numerous practices received legal letters from IVC Evidensia for use of its trade mark.
‘We Are Spartacus’ hopes to support practice managers who have been contacted by the corporate group, as it explores options for collective legal action.
Over the course of several months, IVC Evidensia has sent letters to practices asking them to cease use of the phrase ‘Pet Health Club’. It states that it has had trade marks on two ‘Pet Health Club’ logos and a word mark on the phrase ‘Pet Health Club’ since 2019.
However it claims that, because its ‘Pet Health Club’ has been trading since 2015, it has developed goodwill and reputation in the country.
The letters say: ‘Pet Health Club is a trading name of Independent Vetcare Limited, part of the IVC Evidensia group of companies, offering dog, cat and rabbit healthcare plans to customers of Independent Vetcare Limited and other companies within its group.’
Natalie Morris-Webb, from Malthouse Veterinary Group, is a member of the group. She said: “I was stunned to receive a letter from IVC claiming that our Pet Health Club, which we launched in 2017, is an infringement under the Trade Marks Act 1994 and that we’re using a registered word mark without the consent of the proprietor.
“It’s a ubiquitous term that lots of practices use and it quickly became apparent that these letters have been sent out far and wide. There are practices that have been using the term for well over 10 years and to rebrand will be very expensive and time-consuming for what are mostly small businesses.”
‘We Are Spartacus’ was soon launched to provide support for such practices, who it says feel concerned about receiving legal letters from the corporation. The action group will share information about trade marks and word marks, inviting members to join a collective response.
By working together, ‘We Are Spartacus’ believes practices can pool resources together to source expert legal advice.
IVC Evidensia has defended its position, stating that the action is key to prevent confusion among its customers. It says that it does not intend to stop independent practices from providing similar services, so long as they do not use their trademark.
A spokesperson for IVC Evidensia said: “In order to avoid confusion for customers, and to protect a service providing excellent preventative care to hundreds of thousands of pets, we wrote to some businesses asking them to stop using our registered trademark.
“We firmly believe that there is room in the UK for all types of vets, independent or corporate, and have not asked any business to stop offering the services provided by a subscription model, merely that they do not use our trademark to do so. We are equally firm in our belief that our more than 900,000 members, supported by ten years of investment in our Pet Health Club, should be protected.
“This is a standard practice in all industries.”
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