Viral jacket potato brand SpudBros has come under fire after being accused of “bullying” a small business owner over a naming dispute.
Preston-based duo, Jacob and Harley Nelson, who became a social media sensation for serving delicious potatoes from a tram and have since spread to London and Liverpool, were accused of threatening legal action against Portsmouth businessman Rumen Islam, owner of The Spud Father.
Islam, 27, opened up last month by offering his opinion on the viral potato trend. But they say they have been contacted by SpudBros' legal team, who claim the name infringes their trademark.
“After months of corruption – long days, late nights – we have now been threatened with legal action from SpudBros over the use of our name,” Islam wrote on social media. “We've put our heart and soul into this. It's sad to think we could lose it because a big company wants to pull its weight.”
The Portsmouth business owner told followers he would be changing the name after the controversy took a toll on him mentally and emotionally. “It's been really hard,” he said in a TikTok video viewed thousands of times. “We're a really small business – I was born and raised in Pompeii – and this was for the locals. It's disappointing.”
Supporters online have flocked to Islam's defence, accusing SpudBros of “corporate bullying” and calling on the brothers to drop the case.
Comments on the SpudBros' recent TikTok post include: “Stop bullying The Spud Father – there's enough business for everyone.”
“It's a bit strange going after a shop 260 miles away. Justice for Spud Father!”
The backlash led to the SpudBros releasing a public statement on Instagram, insisting that they were not suing anyone.
Jacob Nelson wrote, “There are rumors that we sued a small business called The Spud Father. We're not suing anyone. Not now. Never.”
He said the company trademarked The Spudfather after launching a dish of the same name in tribute to his father, which became their best-selling dish.
“As we grew, we developed merchandise, expanded franchises and discussed with major retailers,” he said. “We trademarked the name in June, and it was approved before any other businesses applied for it. Our legal team only responded to a notification from the Intellectual Property Office – this is not a lawsuit.”
Nelson said her family had received online threats since the story went viral, including her young daughter, and she urged followers to stop the “hate.”
“We would never want anyone to feel attacked. That's not who we are,” he said. “We love small businesses – we were one of them. There's room for everyone to succeed.”
Intellectual property attorney Stephanie Davis, senior partner at Withers & Rogers, said the dispute highlights a common pitfall for startups.
“There's often a misconception that only large companies need to trademark their names,” Davis said. “Small businesses can quickly build their base, and if they don't secure registration early, they risk infringing someone else's rights or losing their own brand identity.”
With valid registration, SpudBros could have a stronger legal position, he said, and Spud Father could be forced to rebrand.
“Trademark searches should always be conducted prior to launch,” Davis said. “It's much less painful than rebranding a business once it's up and running.”
The controversy marks the latest conflict in the fast-growing world of viral potato sellers.
The success of the Nelson brothers is similar to that of Ben Newman, better known as Spud Man, whose Tamworth-based Jacket Potato stall has 4.2 million TikTok followers and has even attracted the attention of Hollywood stars Ryan Reynolds and Hugh Jackman.
New competitors including Spud Hut, Spud Life and Spud Factory have since emerged across the country, each hoping to carve out a share of the viral food trend.
For now, The Spud Father says it will continue trading – but under a new name.
paul jones
Harvard alumnus and former New York Times journalist. Editor of Business Matters, the UK's largest business magazine, for over 15 years. I also head the automotive division of Capital Business Media working for clients such as Red Bull Racing, Honda, Aston Martin and Infiniti.
