London restaurant defends legal challenge to Harrogate’s Frog

A Michelin-starred eatery in London has defended issuing a legal challenge to a new Harrogate bar and restaurant that forced it to give up the name Frog.

The Stray Ferret reported yesterday that Frog on King’s Road has changed its name to Lilypad after a challenge by the Adam Handling Restaurant Group, which owns the Frog trademark.

The news came as a personal blow to owners Charlie Moorby and Tom Moxham as they named the Harrogate bar and restaurant after their favourite amphibian.

It prompted a debate on social media about whether the legal challenge was fair.

Some felt the London-based business was well within its rights to protect its intellectual property but others thought that a business 200 miles away posed little threat and should be left alone.

Frog By Adam Handling Restaurant Covent Garden received its first Michelin star this year. Award-winning chef Adam Handling said he gave it that name because “frogs live in water, so they are either going to sink or swim”.

A spokesperson for company sent us a statement that expressed some sympathy for the Harrogate restaurant but said the name Frog is “very valuable and important to us”.

The Adam Handling Restaurant Group also owns three other restaurants and the spokesperson said some diners had incorrectly believed the chef had opened a new restaurant in Harrogate.

“The Adam Handling Restaurant Group has been in touch with Frog Harrogate because its choice of name conflicts with our earlier rights and has caused confusion amongst many of our diners and within the hospitality industry, as they thought that we had opened a new restaurant in Harrogate.

“The directors of Frog Harrogate have responded and we anticipate resolving matters amicably soon.

“Our Frog name is very valuable and important to us, to our existing restaurant group and to our expansion plans. We have no choice but to protect it from both deliberate and accidental conflicts.”

The spokesperson warned other fledgling businesses to undertake due diligence on intellectual property before opening.

“If you don’t protect and enforce your trademark against these types of conflicts, you become exposed and could lose your rights.

“We appreciate that these conflicts can be accidental but, in this instance, Frog Harrogate have advised that they were actually aware of our name. We urge new business owners to conduct the relevant due diligence through the IPO website as unfortunate situations like this can become costly for both parties.”

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Harrogate hospitality group accuses Stray Ferret of ‘misleading’ information

Harrogate Hospitality and Tourism Association Ltd has accused the Stray Ferret of publishing “misleading press reports” in an article about a £3,720 payment for the purchase of the domain name Destination Harrogate.

Yesterday The Stray Ferret published an article about Harrogate Borough Council spending taxpayers’ money to buy the domain name from Destination Harrogate as part of our remit to scrutinise the use of public money.

The association said in a subsequent statement that Harrogate hoteliers Simon Cotton and David Ritson, who are directors of Destination Harrogate Ltd, did not own the domain name and “it was not theirs to sell” because the decision was taken jointly by members.

Mr Cotton is managing director of the HRH Group, which owns the Fat Badger, the Yorkshire Hotel and the White Hart hotel. Mr Ritson is general manager of the Old Swan hotel.

It adds:

“In 2019, HBC approached HHTA and investigated the opportunity to purchase the rites to the brand name and website. All members met and took a formal vote on the matter and agreed to sell the rites to HBC for a nominal sum. At no point did either Mr Ritson nor Mr Cotton have any greater involvement in this matter more than any other association member. It was agreed that Destination Harrogate as a company would be wound up and a newly formed company under the name ‘Harrogate Hospitality and Tourism Association Ltd’ was registered. All assets were transferred to the new company”

The statement continues:

“In setting up the new company HHTA, Mr Cotton stood down as a director and therefore has no direct involvement in this company other than being a member of the association.

“HHTA would like to clarify that they were happy to work with HBC to transfer the domain name and that the transaction was between the HHTA and HBC only, and not anyone personally.”

The Stray Ferret has sought clarification on the statement.

Public records from the council show payment for the domain was made to Destination Harrogate Ltd, not HHTA Ltd.

Companies House records show Destination Harrogate Ltd is still an active company. A notice for voluntary strike-off was issued on January 4 this year. Mr Cotton and Mr Ritson have been listed as sole directors since late November 2019.

Companies House records for HHTA Ltd show the company has been dormant since 2020 with no activity.

In the light of this we asked for evidence of the assets, including the payment for the domain name, being transferred from Destination Harrogate Ltd to HHTA Ltd, as we have been unable to find any record.

We also sought clarification on how the domain name was not Mr Cotton or Mr Ritson’s to sell as they are listed as company directors, and requested further details about the links between Destination Harrogate Ltd, HHTA and HHTA Ltd.

The association, which lists the Crown Hotel in Harrogate as its address, replied to say it “will be making no further comment or response”.

The Stray Ferret contacted Mr Cotton prior to publishing yesterday’s article asking him if he wished to comment on the payment. We have not received a response.

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