Children’s TV show forces trademark withdrawal

The producer of children’s TV programme In The Night Garden has forced a London party promoter to withdraw his trademark application for ‘The Night Garden’.

Through its law firm Mischon de Reya, DHX Media warned Alistair Siddons that the name of his pop-up event, at which he served alcohol, could damage its reputation.

“Our client’s mark ‘In the Night Garden’ has a reputation in the UK, by virtue of the considerable success that the programme and associated merchandise has enjoyed,” the letter read.

“The injury to our client’s mark would be particularly acute because your application covers alcoholic beverages, which are highly inconsistent with, and are inappropriate for, a children’s entertainment and merchandise property.”

The application, which was withdrawn following the letter, cited a number of goods under class 33, including bourbon, vodka and whisky.

Siddons told London newspaper the Hackney Gazette that he felt “bullied” by DHX and that he did not intend to associate his event with the popular toddler’s show, whose characters include Iggle Piggle, Makka Pakka, Upsy Daisy and the Tombliboos.

“It was a factual description of what my event is–it’s a garden that’s open at night,” Siddons told the paper, adding that he has changed the event’s name to The Star Garden.

DHX has three trademarks for ‘In The Night Garden’, the earliest of which dates to 2005. The Canadian company also owns the rights to shows including Action Man and Lassie.

Mischon de Reya did not respond to a request for comment.