The altercation was over the supposed abuse of the latter's slogan 'A dog is for life, not just for Christmas'.
Ann Summers adapted the line to promote its Rampant Rabbit vibrator - 'A Rabbit is for life not just for Christmas' - and the charity formerly known as the National Canine Defence League was not happy.
It issued the following statement: "Dogs Trust is currently in positive negotiations with Ann Summers (and several other companies) to rectify the infringement of our trademark during recent advertising campaigns. Anyone who infringes the Dogs Trust trademark will be asked to offer substantial help to animal welfare in some way or will be faced with legal action."
Mix spoke to Ann Summers head of marketing Gordon Lee, who confirmed that "positive negotiations" are indeed under way.
Not only has it agreed to help the charity by potentially distributing leaflets to its Rampant Rabbit customers, it has also sent six Rampant Rabbits as gifts to the Dogs Trust offices, in what Lee himself described as a gesture of "seasonal goodwill". Lee said it was looking at e-mailing customers about the Dogs Trust.
But, as it turns out, Ann Summers need not have been so generous. Mix examined the Dogs Trust's trademarked slogan via The Patent Office and consulted a prominent patent lawyer, whose belief is that Ann Summers is not in breach of any trademark laws.
First, the line that Ann Summers used is not trademarked. And second, when a trademark is registered it is done so under particular categories of product or service.
So, unless Dogs Trust is considering the retail or manufacture of sex toys, Ann Summers should be able to promote its Rabbits as it wishes.
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