Jules D.
By Charlie Fenton
The owner of a small pet shop called 'Boss Pets' has won his battle with fashion giant Hugo Boss to keep its name.
Ben McDonald, 44, received a trademark infringement letter from the company last month ordering him to stop using 'Boss' in the name of his pet supplies website.
But after “back and forth emails” with the designer brand's legal team, his legal representative, Barrister Francis McEntegart of MC Legal, reached an agreement.
It allowed Ben to continue using the name as long as he does not sell pet clothing or accessories with the name attached.
Following the successful challenge Ben believes this is a huge win for small business who have been “bullied” and forced to change their names in the hands of big brands before him.
He said: "It was a horrendous feeling receiving the email from Hugo Boss I began questioning everything as I thought I couldn't take on Hugo Boss.
"But thanks to Francis I am free to use the name which is a huge win for small businesses as I felt so small at the time.
"I'm not bitter or anything I still wear my Hugo Boss sunglasses, T-shirts, and underwear."
The ex-engineer from Bootle, in Liverpool, has told he started the company in August last year after looking for a change in his line of work.
He said he "sunk thousands" into building the website, designing the logo, and ensuring the name was safe to be used before going live with the business on June 7 2025.
He came up with the name 'Boss Pets' after wanting something he believes customers "couldn't forget".
It was also true to his Scouse roots with the word being commonly used by locals meaning 'good' or 'great'.
Damian Kravchuk
He said: "I was looking for something catchy, something people couldn't forget.
"It also has Scouse humour kick and play on words to it which I liked so it stuck."
Throughout the name choosing process he had been working alongside Francis who had told him 'Boss Pets' was legally sound in his business sector when sending off a trademark application on 2 June.
Ben's trademark application was in 'Class 35, Retail Services' in relation to pet products; online retail services in relation to pet products where he said Hugo Boss didn't hold a trademark.
Ben has told nine days later on June 11 his trademark application was approved - he then officially published his website on June 12.
But to his shock two days earlier on June 10 he received an email including an appeal letter from Hugo Boss ordering him to stop using the word 'Boss' in his brand name and giving 10 days to remove it and rebrand.
Ben said: "My whole world just collapsed - I was in complete shock.
"I had flyers, business cards, products all arriving through the post and I was thinking am I going to have to put it all in the bin.
"I had put thousands of pounds deep into my pockets making sure everything was to work out - it was a horrendous feeling.
"I didn't have the money to go back through all the rebrand everything it would bankrupt me.
Viktor Forgacs
"I was thinking I'm just a small business owner I can't take Hugo Boss on."
Though he has revealed that his lawyer Francis fought in his corner saying he put on "boxing gloves and more than matched them (Hugo Boss)".
A few weeks later he managed to strike a deal which allowed Ben to continue to use 'Boss' in his company name which he says he is "grateful" for.
Francis said: "It happens unfortunately too often, whether they can't get access to a lawyer or they feel it's going to be overly expensive in dealing with it."
"But if you've spent considerable time and effort and money in building up your brand, even if it's at an early stage, I think it's certainly worth seeking out somebody to just get their advice."
"He's now free to go and carry on with his work and he doesn't have to fear for any sort of knock on the door saying 'you can't use that name'."
Ben urges those who know they are safe to use a word or name for a company to seek legal advice before making a final decision.
Hugo Boss has been approached for a comment.
