Marmite Launches Legal Action Against BNP Over Image Rights

Phil Hitchen - Associate

Marmite is today launching legal action against the British National Party after an image of the spread was used in a political broadcast without the company’s permission.

The famous jar appeared in the top left hand corner of the screen while party leader Nick Griffin was addressing viewers in a BNP general election broadcast on the web.

A spokesman for Marmite told Sky News Online:  “We want to make it absolutely clear that Marmite did not give the BNP permission to use a pack shot of our product in their broadcast.

“Neither Marmite nor any other Unilever brand are aligned to any political party.

“We are currently initiating injunction proceedings against the BNP to remove the Marmite jar from the online broadcast and prevent them from using it in future.”

Most manufacturers would welcome additional advertising for their products or at least would allow it in return for a fee but in the current climate when maintaining brand image and reputation can make or break a company it comes as no surprise that the manufacturers of Marmite do not want to be associated with a political party.

Without the name “Marmite” being used in the BNP adverts the manufacturers will have to show breach of trade mark or design (if the shape or label is registered), passing off or some other economic tort based on loss or damage to reputation and I would be very interested to know what legal basis they go for.

For example if I changed the label on a jar, took my own photo and put it on Ralli website would we receive a claim? Probably.”

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