Fashion and farm trademark dispute
Written by Felix Da Silva (fdasilva@bitnip.com)   
Thursday, 31 January 2008
new-zealand.gifA New Zealand organic farm (Treliske) is disputing a fashion designer's (Trelise Cooper) right to use her first name as a trade mark, arguing it would inhibit the farm’s business.

The farm produces and exports certified organic wool and knitwear, beef and lamb and is about to launch products designed by another well-known designer.

Trelise Cooper registered her name as a trade mark in 2006 whereas the Treliske farm registered its trade mark in 1993.

It as been a string of bad luck since Trelise Cooper recently settled a 20-month trade mark dispute with fellow fashion designer Tamsin Cooper out of court.

In a statement released by Trelise Cooper, she states

We have noted the claims made by an organic farm challenging the approval, in 2006, of our trademark registration of the brand Trelise.

We are strongly focused on building a global brand which now appears in some 14 countries and more than 250 stores worldwide. Our growing product range includes the Trelise brand name.

The bigger and more successful a brand becomes, the more likely it is to have imitators in the marketplace. To suggest that at this stage in our development, we would be seeking to ride on the coat-tails of an unrelated business, or cause any confusion is incorrect.

We are satisfied that we have correctly followed all appropriate protocols in registering and protecting our brand. We firmly believe we are entitled to continue to focus on international success for the Trelise brand name.

We do not intend to comment any further on this matter.

I do not see how the organic farm would win in this trademark or passing off case. The mark is not even confusingly similar and they're in different categories. However, if they do enter into the fashion market as they have stated, then I can see how they might win.


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