London's Golden Balls family business beats French in battle to use name

Costly victory: Gus and Inez Bodur, right, have been vindicated but were forced to shut their shop in West Hampstead due to the expense of the court battle
Genevieve Roberts12 April 2012

A family business in West Hampstead has won a major victory against one of Europe's largest media companies over its use of the name Golden Balls.

Gus and Inez Bodur, who have held the trademark for their sportswear company since 2001, were challenged by French press group Intra Presse, who are behind the Ballon D'Or, the European Footballer of the Year award. The press group accused the couple of "cashing in" on their trophy.

A two-year battle ensued, with the Bodurs, both 47, defending their right to the name. They registered the trademark Golden Balls months before Victoria Beckham said it was her nickname for footballer husband David.

"The Beckhams have never complained and we've often sent them merchandise from our range — and have always made it clear that we are not linked to them," Inez Bodur said.

"We chose the name because we wanted something cheeky, and my husband Gus, also a good footballer, is the original Golden Balls'— it's his initials."

By 2002, the couple were selling Golden Balls sportswear over the internet and the brand was successful almost immediately.

"We saw Gwyneth Paltrow wearing Golden Balls merchandise when travelling to the Donmar theatre, singers Kelli Young and Michelle Heaton from Liberty X wearing our clothes, and our internet sales were on the rise," Mrs Bodur said.

They opened a shop in West End Lane in West Hampstead.

"One of our first customers said she would love to mention the shop in her magazine, and explained that she was Alexandra Shulman, editor of Vogue," Mrs Bodur said. "We never got a mention but appreciated the compliment."

In October 2007, Golden Balls licensed their name to Endemol UK Plc for the game show Golden Balls hosted by Jasper Carrott on ITV1.

Two months later, the couple — who have two children, Chloe, 12, and Oliver, four — received a letter from Intra Presse, owned by the Amaury Sport Organisation and French company EPA, which also owns and runs the Tour de France, accusing them of "cashing in" on the Ballon D'Or award and demanding they cease trading. Now the Office for Harmonisation in the Internal Market has rejected the complaint "in its entirety". But the couple claim to have spent more than £100,000 in legal fees and had to close their West Hampstead shop in March.

"We feel relieved, but the battle has cost so much and has held our business back. We are still selling over the internet, but we would have had a new range for the World Cup and for Wimbledon, and haven't been able to because of the cost," Mrs Bodur said.

The legal documents rule that the plaintiff should pay costs. Lawyer Marianne Laborde said that Intra Presse, which has two months to appeal, had no comment.

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