LISTEN: Brownings managing director gutted over Killie Pie row
The man behind the Killie Pie says he will put no more money into Kilmarnock Football Club.
The man behind the Killie Pie says he will put no more money into Kilmarnock Football Club.
It is after they severed their 13 year relationship with Brownings the Bakers in a row over who owns the trademark to the popular match day snack.
It was voted the best in the SPFL last year.
Managing director at Brownings, John Gall, spoke to our reporter Bekki Clark...
The ‘Killie Pie’, a favourite not just for the home fans, but with fans from across Scotland, has been produced by Brownings the Bakers since 2003 when they took over the match day catering at Rugby Park. Their current catering contract comes to an end on 31st May 2016 and will not be renewed by the club.
John Gall, Managing Director of Brownings, and avid Kilmarnock fan said ‘I would like to thank Kilmarnock Football Club for the opportunity to supply the match day catering for the last 13 years. I’m sad to see the contract come to an end, especially as a Kilmarnock supporter myself, however, both Brownings and the club have to look at what is in our businesses best interests, and on this occasion, it’s time to part ways.’
Brownings ‘Killie Pie’ recipe has seen them collect a vast number of awards including Best Football Pie at the Scotch Pie Awards in 2014 as well as winning best savoury product at the Scottish Bakery Awards two years in a row.
Despite not being available at Rugby Park next season, Brownings award winning Killie Pie will still be available from Aldi, Spar and selected Scotmid stores throughout Scotland as well as in 8 of Brownings own retail shops and many local independent shops, pubs and clubs in Ayrshire.
Kilmarnock FC said in a statement: "The trade mark "Killie" and the "Killie Pie" are synonymous with Kilmarnock Football Club in the minds of Scottish football supporters.
"Kilmarnock Football Club is the registered owner of the “Killie” trade mark which was registered in 1998 under Use Class 30 (which includes pies).
"The "Killie Pie" was first made not by Brownings but by other local bakers who won a "best football pie in Britain" award. In 2003, it was agreed by the then Kilmarnock FC Chief Executive that Brownings would supply the match day tea bar catering and, as part of that agreement, Brownings were given the right to use the club’s "Killie” trade mark on its pies. This was a commercial agreement which included an annual sponsorship spend on advertising and hospitality but with no additional charge for Brownings’ use of the “Killie” trade mark. The Club has supported the Brownings business for 13 years by allowing royalty free use of the Club's trade mark "Killie" on pies. In 2003, Brownings’ sales of the "Killie Pie" were a few thousand per annum. "Subsequently, in 2006 a more detailed written agreement was requested by Brownings as they planned a business expansion based on the growing success of the "Killie Pie". This was agreed for a period of four years in order to support their expansion plans. The Club was also spending over £20k per annum on Brownings products at that time. Since 2010, the arrangements have been renewed annually. It is understood that sales of the "Killie Pie" have grown very significantly in recent years, from which the Club receives nothing in return. Brownings have consistently refused to disclose details of their sales to the Club. "In the summer of 2015, Brownings opened discussions for an exclusive trade mark licence agreement through their solicitors but subsequently, without informing the Club, Brownings applied for their own trade mark for the “Killie Pie” name. The Club has instructed its Trade Mark Attorneys, Marks & Clerk, to oppose Brownings' trade mark application. "The Club has also taken expert legal advice from Burness Paull LLP and, based upon that, has served notice that all contractual arrangements with Brownings will end on 31/5/16. Both Marks & Clerk and Burness Paull, are confident of successfully protecting the Club's ownership of its trade mark. These steps have been taken with the Club’s best interests in mind and with the sole purpose of protecting the Club's valuable intellectual property. All major decisions on this matter have been fully discussed and unanimously agreed by the Club's Board of Directors. "In view of recent comments by Brownings which suggest that they will cease the use of the "Killie Pie" name on their pies, the Club will be seeking a new manufacturing partner in order to maintain continuity of supply of the Club's iconic pie. As regards the stadium match day catering arrangements, the Club will invite tenders from other suppliers of such services or may revert to dealing with this "in house" as it did prior to 2002.
"The Board of Directors has worked very hard over several years to maintain a working relationship with Brownings in spite of a lack of transparency about sales and an absence of financial reward in relation to the Club's "Killie Pie" but the step taken by Brownings of attempting to register a competing trade mark while being treated as a trusted business partner left the Club with no alternative but to follow expert legal advice and give notice that the relationship would cease at the end of May, 2016.
"The timing of all of this is most unfortunate and must not become a distraction for the players. The Club's supporters are urged to focus their energy on supporting the team as we enter a crucial battle for Premiership survival over the weeks ahead."