The customer is always right. This is what we are told of the retail experience and Dion Leung Wai-yin takes the old-age saying to heart. Claiming she was locked in the VIP room at Lane Crawford’s luxury department store, Leung is seeking compensation of 50,000 Hong Kong dollars (around $6,440) and two Chanel handbags “for depression and anxiety.”
‘Designer branded’ bandages are available for purchase at the Japanese lifestyle store www.sugiolife.com. Sugiolife acquires these items through a company known as Brandages. Brandages describes these products as “original custom designs to compliment top fashion brands…created with one goal in mind…’to heal in style.’” A consumer can purchase a pack of 6 brandages, 2 brandages per design for $7.95.
Being the proud owner of a knockoff Chanel classic flag bag might seem innocent enough (and cause temporary delusions of wealth and relevance), but that small, synthetic object is a powerful symbol of the many counterfeit consumer products that sabotage designers and rob people of jobs around the world. As previously noted by Ella Brodskaya and Melissa Morales, representatives from the United States and seven other countries signed the Anti-Counterfeiting Trade Agreement (ACTA) on October 1, 2011.
Chanel is taking a stand against counterfeit goods. With over 700 trademarks registered with the Patent and Trademark Office, this high-end brand is bound to attract some knockoffs. The brand recently filed a cyberpiracy and trademark infringement lawsuit against 399 websites the company accuses of selling products with the luxury retailer’s name.
Chanel prevailed in a trademark infringement suit against a group of companies doing business under the name “Perfume Collection Inc.” on Wednesday, April 13th, WWD reports. Chanel alleged that Perfume Collection Inc. was illegally selling their perfume.
The perfume company reportedly sold multiple Chanel fragrances “without Chanel’s distinctive outer packaging.” The suit went on to say that additionally, Perfume Collection Inc. offered items without the company’s tamper-proof outer cellophane shell.
A federal judge ordered that the defendants pay Chanel $10,000 in damages, and an additional $6,000, which is to be paid in $500 installments.
Coca-Cola has recently had Karl Lagerfeld design 3 limited edition Coca-Cola Light bottles. The designs, which are white and black with a pink lid, are the second design Lagerfeld has done for Coca-Cola. First in 2010, Lagerfeld said “I love this bottle but it’s time for a new one. Actually I want to do three bottles. I loved what we did last year but I will love 2011 even more. I’m delighted about this collaboration.” While Lagerfeld is known for his own fashion house and his work with Fendi, he is best known as head designer and creative director for Chanel. Though the bottles sell for more than $60, an inflated price like most limited edition, the sleek ads will be sure to draw attention to the unique bottle designs. I think it’s brilliant for designers to lend their creative talents to more than just fashion apparel, as this will not only improve the trademark behind Lagerfeld’s name, but it will also show his versatility. Lagerfeld is simply designing the colors and layout of the bottle since Coca-Cola does not stray far from their tried-and-true bottle that they have a design patent for. Cheers!
It goes without saying that Intellectual Property has become the “it” course of study in my law school career. This semester I am taking advantage of my hard-earned and quickly lost tuition money by taking Introduction to Intellectual Property and Intellectual Property JobTrack in Advertising. I am not sure if the courses have permitted me to become more attune to possible trademark infringements and licensing issues, but I can barely get through my morning coffee without encountering an IP related story.
What do an escalator and Chanel have in common? Nothing yet and Chanel wants to keep it that way. In trademark law, rights to a trademark are diminished or lost as a result of common use in the marketplace. This process, known as genericity, typically occurs over a period of time where a mark is not used as a source identifier, but rather as an adjective, verb, plural or possessive, unless the mark itself is possessive or plural. Case and point – “Escalator” was once a trademark of the Otis Elevator Company before the seminal Haughton Elevator Co. v. Seeberger case declared an end to Otis’s exclusive use of the word “escalator” and noted that “the term ‘escalator’ is recognized by the general public as the name for a moving stairway and not the source thereof.” The court observed that the Otis Elevator Co. had “used the term as a generic descriptive term…in a number of patents which [had] been issued to them and…in their advertising matter.”
So what does this have to do with Chanel?
Has anyone received emails from a wholesale manufacturer in China for Ugg boots? I have gotten many of these emails recently. I’m not sure who they are, but I”m not going to be buying Uggs from them anytime soon, no matter how appealing the low prices are.
Today on JurisNotes.com it was reported that Chanel, Inc. has brought suit against Huo Cai Cai in the Western District of Tennessee for trademark counterfeiting and infringement, false designation of origin, and cyberpiracy on Tuesday, August 31. Chanel, as most people know, manufactures luxury goods. Their U.S. headquarters are located in Piscataway, New Jersey. The company selected the Tennessee court because their e-commerce fulfillment business is conducted through a warehouse in Shelby County, Tennessee, the same county where the court is located. Huo Cai Cai is a China company that conducts its business in the U.S. through a number of interactive commercial websites, and allegedly sells many counterfeited brands.
Following on from my last post, this was the conceptual design article I was talking about. Ryan McSorley’s final year design project at Central Saint Martins was to create a prototype of a skincare range that branding the user with the logo of the product. So, in addition to your cleanser, toner, lotion, there is a little die that you press to your skin to leave a logo impression there.