Unlimited Off Limits, Says Creston Lawsuit

UK-based marcoms group Creston plc is among firms suing industry giant Omnicom for trademark infringement, following the latter's decision to launch a new agency called We Are Unlimited.

Creston, which announced last month it was to be acquired by fund manager DBAY Advisors for around £75.8m, first launched a brand and innovation consultancy called Creston Unlimited in 2011, but two years ago ported the name for use as a new umbrella brand, adding the suffix to the names of all its group companies including research agencies ICM and Marketing Sciences. There are now 25 companies with the Unlimited tag, which CEO Barrie Brien (pictured) says reflects 'an environment where strategists, creatives, producers, storytellers, researchers, and technologists can easily and effectively collaborate, unconstrained by traditional ways of working'.

According to www.mediapost.com , the group is now joining with associated New York firms Cooney Waters and The Corkery Group to challenge the choice for the new Omnicom brand, established last month when the marcoms bigwig won the McDonald's advertising account.

In the suit, filed in the US District Court in New York, the plaintiffs assert that Omnicom operates in the same sphere as Creston's 'Unlimited Group' and that the defendant's choice of the name 'will inevitably cause mistake, deception, and confusion in the marketplace'. The plaintiffs are seeking treble damages 'in view of the defendants' reckless conduct' which they say is causing them 'unquantifiable damages'.

At this time the defendant has not formally replied to the complaint.

Web site: www.creston.com .