Retail surgery: What do I need to know about intellectual property laws around the royal wedding?

While there are sales opportunities associated with the royal wedding, it is also a legal minefield that requires careful navigation. Kirsten Gilbert, partner at Marks & Clerk Solicitors LLP, says retailers need to be aware of restrictions on souvenirs when selling products related to the event, as well as provisions in general intellectual property law relating to design right.

The royal family already has official suppliers both for the event and for merchandise - selling products to commemorate the event is fine, but problems will arise if you mislead consumers by implying royal endorsement, Gilbert says. “Be careful with wording like ‘the royal wedding tea-towel’, which gives a false air of association,” she adds.

The Trade Mark Act forbids the use of the royal arms, devices, emblems and titles without permission. However, in December the Lord Chamberlain’s office released guidelines on the production of souvenirs, which specify a temporary relaxing of the restrictions covering royal imagery and approved photos of souvenirs that conform to the guidelines.

Gilbert says the guidelines indicate the types of approved souvenirs, such as cushions, wall hangings and coins. “However, the Palace is unlikely to crack down on unauthorised souvenirs that breach the guidelines,” she explains.

Retailers also need to be careful of exploiting the ‘Kate Middleton effect’ to sell their products. “Use of her name should be avoided, lest it imply association,” says Gilbert. Clothing she wears is protected by general design right, whether registered or unregistered, and clothing that copies that worn by Middleton violates design law and could spell trouble for anyone selling it.