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More fashion designers in trademark fight
Date 2005-12-07
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A second trademark scrap among high fashion designers is hitting the headlines, with Dunedin designer Tanya Carlson fighting opposition from Auckland label Helen Cherry over her plans to register her Cherry Cotton Candy brand.

Ms Carlson launched Cherry Cotton Candy last year but when she attempted to trademark it in February, she received notification that it was being opposed by Workshop brand designer Chris Cherry and his wife, Helen, who own the Helen Cherry label.

Ms Carlson told the Christchurch Press she had decided to speak publicly about the fight to show support for her friend, Arrowtown accessory designer Tamsin Cooper, who is also embroiled in a fight to use her own name.

Auckland designer Trelise Cooper has opposed Tamsin Cooper's plans to register her name as a trademark, saying their similar sounding names have caused "brand confusion".

Cherry Cotton Candy streetwear brand was established by young designers Cara Cotton and Ceri Austin-Spivey, who work for Carlson. Ceri is commonly known as "Cherry", Ms Carlson told nzherald.co.nz.

Ms Carlson said the young designers felt "really despondent".

"In a similar way to how Tamsin feels -- like they were being bullied and they didn't understand why."

The legal fight had already cost thousands of dollars and she said they could end up going to court.

Helen Cherry managing director Chris Cherry said he felt they had gone out of their way "to be reasonable" by suggesting an alternative: "Ceri Cotton Candy".

But the names were too similar and limited the company's opportunities to promote a sub-brand of Helen Cherry.

Ms Carlson said the suggestion missed the point. "The whole point is that it is cherry-flavoured candy floss, 50s-inspired."

New Zealand Fashion Week director Pieter Stewart told the paper that trademark disputes went on "all the time" in the multi-million dollar fashion industry.

"A lot of designers spend money on brand protection, but it's time to take the emotion out of it," she said.
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