Spud Bros respond to rumours in trademark row

Jacob and Harley Nelson wearing black, red and yellow branded T-shirts and caps
Image caption,

Jacob and Harley Nelson became a TikTok sensation after starting their business

  • Published

Viral jacket potato sellers Spud Bros have rejected rumours suggesting they are "trying to ruin someone's business" in a trademark row with another fast food vendor.

Jacob and Harley Nelson became a TikTok sensation after starting their business in 2020 from an old tram carriage in Preston, gaining millions of followers worldwide.

A dispute has broken out after another food vendor in Portsmouth opened last month and was told it cannot use the name The Spud Father as it has been trademarked by the brothers.

Spud Bros said they trademarked the name in June in honour of their father, adding: "There is no lawsuit, just a standard legal reply to protect something that belongs to our business."

They rejected accusations of "throwing their weight around" by The Spud Father, who said: "The stress and worry have taken a real toll - mentally and emotionally."

Jacob, Tony and Harley Nelson standing by the van. All are wearing black baseball caps and smiling, Tony has stubble and the boys have short dark beards.Image source, Spud Bros
Image caption,

The brothers with their father Tony, centre, who the boys jokingly refer to as The Spud Father

In a statement, Jacob Nelson said: "There are rumours flying around that we've sued a small business called The Spud Father, or that we're trying to ruin someone's livelihood.

"We are not suing anyone. Not now. Not ever.

"When we opened Spud Bros Express last year, we launched a dish called The Spudfather named after our dad. He's been peeling potatoes, running the tram, and supporting us since day one."

He said they trademarked the name "to protect it".

"Trademarks exist to prevent confusion and protect brands and honestly, every business should do a simple trademark search before launching," he said.

"If that had been done here, none of this would have happened.

"After our trademark was granted, a brand-new business opened using the same name. They filed their own trademark and the Intellectual Property Office notified our partners and legal team. Our lawyers responded, as they are required to do.

"We haven't tried to shut anyone down. We love seeing small food businesses thrive."

In response The Spud Father said: "We've poured our heart and soul into this - from the name, to the menu, to every bit of branding and hard work behind the scenes.

"This isn't just a business to us - it's something we've built with pride, passion, and community spirit.

"To suddenly face the threat of losing it because a bigger company wants to throw their weight around - it's hard to put into words how disheartening that feels.

"The stress and worry have taken a real toll, mentally and emotionally."

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