Owners of ‘Barry Eye’ told not to use name

london-eye-1626169_640The owners of Barry Island’s ferris wheel have been told not to refer to the attraction as the Barry Eye. Guto Llewelyn has the legal comment in Wales Online.

The owners of Barry Island’s ferris wheel have been told they can no longer refer to the attraction as the “Barry Eye”.

The Danter family have been sent an email by lawyers representing the owners of the London Eye, telling them to stop referring to the Barry Island ferris wheel as the “Barry Eye”.

On the website for the Barry Island Pleasure Park the ride is referred to as ‘Giant Ferris Wheel’, not the Barry Eye.

But the owners of the London tourist attraction, the Merlin Entertainments Group, say the Danter family are infringing on a registered trademark if they use the name.

Guto’s comment

Guto Llewelyn, an intellectual property lawyer at Capital Law, said: “The key question here is whether the Danter family have officially named the ride, or are using the name ‘The Barry Eye’, which they say they have not. If they had, Merlin (given the wide ranging protection the London Eye enjoys under their registered trademarks) can legitimately ask them to stop using the name.

“However, it seems to me that the Barry Eye is an affectionate name given to the ride by locals and visitors, in which case the Danter family have done nothing wrong.

“Merlin cannot stop the public referring to the ride as the Barry Eye, regardless of whether the Danter family benefits from that.”

Read the full article on Wales Online, here.