Claim No: IP-2022-000066 - [2024] EWHC 1369 (IPEC)

When he entered the business in 2009, SS says he felt that although the Morley’s brand was really well established, and “synonymous with fried chicken for everyone in South London”, he needed to win the confidence of all the existing franchisees, and he did so by introducing a number of very successful new franchisees who all wanted to open multiple stores. This helped grow the Morley’s brand and the Claimant’s business. SS took the view that the Triple M mark was a very valuable asset to the business as “everybody recognised the name of the famous Morley’s burger and it was iconic”, so he registered the Triple M Mark also in 2009.

SS’s evidence is that Morley’s began to have a significant digital presence, and this spiked a growth in the business and the Morley’s Brand in around 2017. He said that part of this arose from the growth of music from South London artists who referenced Morley’s, and lead to marketing collaborations with musicians and also national and international brands and institutions, and part of it related to the proliferation of delivery apps and services such as Deliveroo and Uber Eats.

In relation to music, he points to the British rap artist Stormzy, who referred to Morley’s in the track ‘Wicked Skengman Part 4’ of May 2015, and his music video for ‘Big for your Boots’ which was filmed inside a Morley’s in about February 2017. Another artist, Krept, wrote a song called “Morley’s Freestyle” in around 2019, shot the music video for the track outside a Morley’s store, and used a full-sized prop of the Morley’s store frontage on stage during his concert at the O2 Arena in 2019. SS’s evidence is that he spoke to Stormzy in November 2023 who “…spoke about his childhood memories of Morley’s for over an hour, growing up during the 2000’s. He used the word “heritage” and I always hear that word from people when talking about Morley’s. Although I didn’t appreciate it when I was younger, I now realised how important Morley’s is (and was) to a huge number of people… people feel a connection with Morley’s and view the brand as part of their life and heritage”. SS has disclosed a number of articles which refer to Morley’s as “iconic” or “an institution”, and says the name and signage “is instantly associated with fried chicken and burgers amongst a high proportion of people living in South London”. He says that it is this reputation which has enabled Morley’s to collaborate on marketing with brands such as Heinz, Adidas, eBay, Spotify, Nike, Tate Modern and the Prince’s Trust, and to be featured in an Oscar- and BAFTA-nominated short film, called “No more wings” in 2020, which was shot inside a Morley’s store.

In relation to delivery apps and services such as Deliveroo and Uber Eats, SS says that from 2017 this changed the Claimant’s business and increased the reach and awareness of the brand, such that Claimant’s turnover on delivery at £16.5m per year is about 50% of the total of over £32m per year.

SS says that since he became CEO of the Claimant he has never had a Morley’s store or franchise close due to bad performance. He says that one store, on the New Kent Road, closed because the franchisee decided to open his own chicken shop under his own brand, and avoid paying Morley’s franchise fees. However, he says, that ex-franchisee has approached him multiple times since to become a Morley’s franchise again because his business was struggling without being associated with the Morley’s brand.

SS says that the Claimant successfully registered the Morley’s Red and White Mark in September 2018, incorporating both the Morley’s logo and the strapline “MMM… It Tastes Better” which had been used since the very beginning of the brand in 1985, and which he considered to be a very valuable asset of the Claimant, in order to further protect the Morley’s brand which had been used for over 30 years by his father and the Claimant.

SS’s evidence is that Morley’s average consumer now is aged between 13 and 32. He says there is one group of customers who are made up of school-aged children, young people and families, and another group of late-night customers who are university aged and above. He said “As my Dad intended, Morley’s has always been a place for people to meet up and get a hot meal in safety. There is a spike of activity across all Morley’s around lunch time, tea time and then once again later at night. Most stores operate from 11 until 11 but some stores have a late licence for operating into the early hours. Such stores see a significant amount of custom from people who have been out drinking and enjoying the local nightlife.”