The Spud Wars: What every food business can learn from this trademark row

A public dispute between two jacket potato brands — The Spud Father and SpudBros — has stirred up more than just social media chatter. It’s become a case study for every hospitality business about the importance of trademarks, reputation, and the fine line between passion and protection.

For operators in the fish and chip and wider hospitality trade, this story highlights a simple truth: while creativity builds your brand, the law protects it.

Photo copyright and source - Spudbros

From Passion to Pressure: The Spud Father’s Story

When Rumen Islam, founder of The Spud Father in Portsmouth, launched his new venture, he probably never imagined it would lead to a national debate. But after receiving a legal notice from SpudBros, the viral TikTok brand famous for its Preston-based potato tram, that’s exactly what happened.

In an emotional statement online, Islam shared:

“After months of graft — long days, late nights, and putting everything we have into The Spud Father — we’ve now been threatened with legal action from SpudBros over the use of our name.”

He accused SpudBros of “throwing their weight around,” saying the stress had been “mentally and emotionally draining.” Islam claimed the rival company had only filed for their trademark after learning about his business launch — something he described as “gutting” after months of hard work.

The public response was immediate. Supporters rallied around The Spud Father, praising its community-driven ethos and criticising the larger brand for what they saw as corporate heavy-handedness.

SpudBros Respond: “We’re Not Suing Anyone”

The founders of SpudBros, brothers Jacob and Harley Nelson, were quick to respond publicly — not through lawyers, but through a heartfelt statement on social media.

“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,” said Jacob.

He explained that SpudBros trademarked “The Spudfather” back in June 2025, naming it after their father Tony, who helped launch the business. The name wasn’t new — it had already appeared on their menu as a tribute dish and later as part of their merchandise.

“That name means a lot to our family. It became our number one seller. We trademarked it to protect it. There is no lawsuit — just a standard legal reply to protect something that belongs to our business and our dad’s legacy.”

Jacob also revealed that their family had received online abuse, including threats, and admitted that in hindsight, he wished he had reached out privately first:

“We’d never want anyone to feel attacked. The internet can be painfully hateful, but we’ll keep doing what we’ve always done — work hard, stay positive, and put good energy into everything we do.”

Photo copyright and source - Spudbros

The Legal Reality: Who’s in the Right?

While public sympathy has largely leaned towards The Spud Father, UK trademark law tells a clearer story. Under the Trade Marks Act 1994, the first business to register a mark with the Intellectual Property Office (IPO) has the legal right to use and protect it.

In this case, SpudBros applied to trademark “The Spudfather” in June 2025, and the IPO approved it in September 2025 — before The Spud Father submitted its own application later that month.

That means SpudBros legally holds the rights to the name and is entitled to defend it. For The Spud Father, the only possible defence would be proving prior commercial use of the name before SpudBros’ registration — and even then, that defence would be limited to their local trading area.

Trademark law isn’t emotional — it’s procedural. Once registered, the rights are exclusive, and the IPO will notify existing owners of any similar applications. SpudBros’ legal team were simply responding to that process.

So, legally speaking, SpudBros appears to be in the right. Yet, reputation-wise, the story cuts both ways. The Spud Father won public sympathy, while SpudBros — despite being correct in law — had to manage the optics of appearing to pressure a smaller business.

Why Trademarks Matter More Than Ever

In a digital age where a small food stall can go viral overnight, brand protection has become business-critical. Social media success can outgrow your paperwork, and when it does, vulnerabilities appear.

As one intellectual property consultant noted:

“Many operators only think about trademarks once they’ve gone viral — but by then, it’s often too late. One £170 application early on can save thousands in legal fees later.”

The IPO process typically takes three to four months, during which other parties can file objections. Once approved, however, the trademark owner has full commercial rights, meaning later entrants using the same or similar name risk rejection or legal challenge.

For restaurants, takeaways, and chip shops that plan to expand, franchise, or sell branded products, securing trademarks early can prevent future headaches.

Photo copyright and source - The Spud Father

Practical Lessons

Here are the practical takeaways every operator can learn from the Spud Wars:

1. Trademark Early – Register your name, logo, and key product phrases before going public. It’s an investment in your brand’s future.
2. Do a Trademark Search – Use the free UKIPO search tool before you commit to signage, packaging, or social media handles.
3. Act Professionally, Not Publicly – If a conflict arises, speak privately first. Once social media gets involved, both sides risk reputational damage.
4. Understand the Process – A registered trademark gives you full rights, but unregistered use offers only limited “passing off” protection.
5. Perception Still Matters – Even if you’re legally right, how you handle the issue can shape how customers see your business long-term.

A Teachable Moment

What’s unfolded between The Spud Father and SpudBros goes beyond two potato brands — it’s a modern lesson for every food business about balancing authenticity with professionalism.

Both companies started from humble beginnings, built on family, hard work, and a love of food. But as this case proves, growth brings complexity — and those who prepare legally are the ones who stay protected.

“The SpudBros and Spud Father saga may fade,” one industry observer said, “but the lesson won’t — every growing business, from a chip shop to a franchise, will eventually face the moment when protecting what they’ve built becomes as important as building it.”