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Not a Fable. Yet.

About a million years ago (at least in Blogging Time, which is at least 100 times dog years I reckon), I made an observation about two brands fighting over visual assets.

And now, a year later, it appears the War of Combs (bald people fighting over, etc.) has reached its nadir (or perhaps its zenith? Who knows) has its latest score-draw results.

In the very latest judgement, handed-down from our august High Court in the U of K, the ruling that the ’T’-shaped brand lost the battle for circular supremacy over the ‘L’-shaped’s livery of the square - or, as Heraldrists (that’s a thing, right?) would have it, Roundels and Cantons extant foil knaves passing off. Or something. 

In short (and of patience), one Supermarché won legal precedent over a circle and a square, over another’s. 

Graphically speaking.

Because importantly, the real battle - the one that always slips between the argot of identity-ignorant commentators - was that of confusing logos with trade marks. Or brands. Or perhaps something more esoteric - something I’ve not come across: “Mark with Text as an artistic work.”

Now, as IANAL so forgive me the tragic glossing over what are clearly linguistic matters of import (and real value), but that Term? Reads to me (to stretch the jousting-knightly metaphors) a galloping target. 

Infringing a “Mark with Text as an artistic work” sounds like an everyday misdemeanour in studios across the world. 

Given how many Marks with Text must constitute the category puts me in mind of angels dancing on the heads of pins. 

I mean, far be it from me to infer Judges aren’t the best judges of such aesthetic (artistic?) subtleties. But if they are equipped with visual case law, why isn’t this something that appears of design education statute books? A module between Basics of Typography and 
Jan Tschichold - and ‘Mark with Text as an artistic work’ seems entirely serviceable - and Lakoff and Johnson's Metaphors We Live By?

Perhaps girded with such legal-armour designers could cite legal precedent - LIDL STIFTUNG & CO KG versus TESCO PLC, ruling before Before; MRS JUSTICE JOANNA SMITH DBE, 2023 - to resist ‘trying putting the logo in the circle’ type of helpful hints. 

And having a definitive (legally water-tight) answer for why you used a certain blue over another.

Might save “a rebrand that could cost millions of pounds.” 

Wonder if you’re thinking how valuable yourgraphic designers could be now…