Viral jacket potato brand SpudBros has come under fire after it was accused of “harassing” a small business owner over a name dispute.
Preston-based duo Jacob and Harley Nelson, who became social media sensations by serving gourmet potatoes from a tram and have since expanded to London and Liverpool, have been accused of threatening legal action against a Portsmouth trader, Rumen Islam, owner of The Spud Father.
Islam, 27, opened his stall last month and offered his own take on the viral potato trend. But he says he has since been contacted by SpudBros’ legal department, which claims the name infringes on its trademark.
“After months of bribery – long days, long nights – we have now been threatened with legal action by SpudBros over the use of our name,” Islam wrote on social media. “We put our heart and soul into it. It’s disappointing to think we could lose it because a larger company wants to throw its weight behind it.”
The Portsmouth business owner told his followers he was changing the name after the row took a mental and emotional toll. “It was really hard,” he said in a TikTok video that has been viewed thousands of times. “We’re a really small company – I was born and raised in Pompey – and this was for the locals. It’s disheartening.”
Supporters online flocked to defend Islam, accusing SpudBros of “corporate bullying” and calling on the brothers to drop the matter.
Comments on SpudBros’ recent TikTok posts include: “Stop bullying the spud dad – there’s enough business for everyone.”
“A bit strange stalking a store 260 miles away. Justice for Spud Father!”
The backlash prompted SpudBros to make a public statement on Instagram insisting they would not sue anyone.
“There are rumors that we have sued a small company called The Spud Father. We are not suing anyone. Not now. Not ever,” wrote Jacob Nelson.
He said the company trademarked The Spudfather after launching – as a tribute to her father – a dish of the same name that became her bestseller.
“As we grew, we developed merchandise, expanded franchises and had discussions with major retailers,” he said. “We trademarked the name in June and it was approved before any other company filed. Our legal team was simply responding to a notice from the Intellectual Property Office – this is not a lawsuit.”
Nelson added that his family has received threats online since the story went viral, including against his young daughter, and urged his followers to stop the “hate.”
“We never want anyone to feel attacked. We’re not,” he said. “We love small businesses – we were one. There is room for everyone to succeed.”
Intellectual property lawyer Stephanie Davies, a senior associate at Withers & Rogers, said the dispute highlights a common pitfall for startups.
“There is often a misconception that only large companies need to trademark their names,” said Davies. “Small businesses can build a following quickly, and if they don’t secure registration early, they risk violating the rights of others – or losing their own brand identity.”
With a valid registration, she added, SpudBros could have a strong legal position and The Spud Father could be forced to rebrand itself.
“Trademark research should always be done before launching,” said Davies. “It’s far less painful than rebranding once the company is up and running.”
The dispute marks the latest clash in the fast-growing world of viral potato sellers.
The Nelson brothers’ success 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 even attracted the attention of Hollywood stars Ryan Reynolds and Hugh Jackman.
Since then, new competitors have popped up across the country, including Spud Hut, Spud Life and Spud Factory, all hoping to get a piece of the viral food trend.
The Spud Father says the business will continue to operate for now – but under a new name.
