The estate of Sir Arthur Conan Doyle has successfully defended its trademark rights to the name "Dr Watson," the loyal companion of fictional detective Sherlock Holmes. The UK Intellectual Property Office (UKIPO) ruled against businessman Joel Brown, who had sought to register "Dr Watson" as a trademark for a clothing line.
Brown, who operates a clothing firm near Manchester, applied to trademark the name for a range of items including leisurewear, sportswear, footwear, and headgear. Sir Arthur's estate objected, asserting that Brown's application infringed upon their existing registered trademarks for "Dr Watson" and "Holmes and Watson."
The estate argued that the public could confuse Brown's clothing brand with the literary characters created by Doyle, potentially leading consumers to believe the products were endorsed by the estate. The UKIPO, which adjudicates trademark disputes, sided with the estate, stating that the application could not be registered.
In its submission to the UKIPO, the estate contended that the goods covered by Brown's application were similar to its own registered trademarks for protective clothing, footwear, and headgear. The estate noted that both sets of goods share a similar physical nature, are likely manufactured from comparable materials, and could be produced, stored, and distributed through the same channels.
Representatives for Brown countered that the estate's "Dr Watson" trademark was limited to "protective clothing," which they argued was fundamentally different from the planned apparel. They also referenced UKIPO guidance suggesting that widely recognized fictional characters may not always be perceived as indicators of trade origin.
However, trademark hearing officer Catrin Williams concluded that a significant portion of the public would associate "Dr Watson" with the literary character. While acknowledging that fictional character names can sometimes be considered descriptive in relation to media like books and films, Williams found that for the specific goods in question—protective clothing, footwear, and headgear—the mark possessed a medium degree of inherent distinctiveness. The ruling stated that the mark was neither descriptive nor allusive to these particular goods and did not hold a meaningful association with the literary character in that context.
The decision also found that the average consumer was likely to mistake the parties' marks for one another, even if the goods were only considered similar to a low degree. As a result of the ruling, Brown has been ordered to pay £1,300 towards the estate's legal costs.
Sherlock Holmes and Dr. Watson first appeared in Doyle's 1887 novel A Study in Scarlet and were featured in four novels and 56 short stories. The characters have since been adapted into numerous stage productions, films, and television series, including the popular BBC show Sherlock.