In a striking instance of the Streisand Effect, Cornices Centre, a UK-based company known for its exquisite plaster-based interior products, is now in the spotlight for threatening legal action against a cyclist over a YouTube video. The video, which captured a near-miss incident involving one of the company’s vans, initially had around 400 views but garnered over 40,000 views in 24 hours after the legal threat became public.
The video in question was uploaded to a YouTube channel named Chapona Bicyclette and showed a Cornices Centre van closely passing the cyclist on Chelsea Embankment in November. Expecting perhaps an apology or at least some form of disciplinary action against the driver, the cyclist was taken aback when he received a lengthy email from a company director. The email alleged “unauthorised use” of the ‘CORNICES CENTRE®’ trademark, claiming it was “confusing our customers, negatively impacting our brand reputation, and potentially harming our sales and the exclusivity of our trademark.”
The email further stated that if the issue was not addressed or if there was refusal to remove the company’s name from the video content and descriptions, the company was “prepared to take legal action if necessary” and would “seek legal redress and claim any related expenses, including lost sales.”
This move by Cornices Centre, however, does not align with trademark law in the UK, which does not consider the uploading of a video in a public space as trademark infringement simply because a logo is visible. Experts and legal commentators have weighed in, explaining that trademark infringement would imply the use of a trademark for marketing goods or services, which the cyclist was not doing.
The cyclist, who received the legal threat, expressed his feelings about the situation, stating, “The company could have quite easily apologised and confirmed some form of disciplinary action against their driver. But instead decided to threaten me with legal action for using their trademark without permission.” He also mentioned considering legal action against Cornices Centre, with any proceeds going to a cycling charity, though his primary desire was to receive an apology for both the dangerous driving and the baseless legal intimidation. The unintended consequences that can arise when companies attempt to use intellectual property laws to silence criticism or suppress negative information, only to find the situation escalating and attracting even more attention.
Relevant articles:
– Company threatens to sue cyclist for trademark over ‘near miss’ YouTube video — “Whilst they were concerned about brand damage of a YouTube video with 400 views at the time, it’s now had 40,000 views in the past 24 hours.”
– Cyclist threatened with legal action for posting video of close pass by driver in company-branded van
– Timothy Geigner