Aonia Masood

My Legal Blog

How can I copyright the name of a online newspaper I want to create? — October 18, 2016

How can I copyright the name of a online newspaper I want to create?

How can I copyright the name of a online newspaper I want to create? by Aonia Masood

Answer by Aonia Masood:

If you’re interested in getting the name of your newspaper registered, then it can only be done through laws related to trademark while copyright law has no role to play in the same. Trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods or services of one entity from those of others. Registration of trademark  may last forever if the same is renewed after intervals as prescribed under the provisions of law. The best and easiest way to get the trademark for your newspaper registered is to consult an attorney.

Hope this helps.

If you have any confusion or question, you can always contact me!

Regards,

Aonia Masood

How can I copyright the name of a online newspaper I want to create?

YSL Logoed Heels – One of its own kind! — October 15, 2016

YSL Logoed Heels – One of its own kind!

Anthony Vaccarello, in last week of September, debuted his first collection at Paris Fashion Week Spring 2017 while relaunching “Yves” into Saint Laurent which was previously omitted by the Former Creative Director Hedi Slimane. The interlocked YSL logo (trademark) has been incorporated in an exceptional way into stiletto heels and his other creations. Ergo, providing the protection against counterfeiting of brand’s latest creation. Besides, the uniqueness of the YSL logoed heels may also not  be knocked-off in a confusingly similar way ‘cos that is one of its own kind!

Can Fashion Designers Lose Right to Use Their Own Name? — October 14, 2016

Can Fashion Designers Lose Right to Use Their Own Name?

Trademarks and the associated reputation, synonymously known as brand names, are considered an important asset of any business entity; consumer’s decisions to purchase is normally influenced by the brand reputation. In fashion world, aspiring designer while starting their career with established brands often attempt to launch their designs with their personal name labels (trademark). However, using personal name while launching their designs under someone else’s corporate umbrella can also be disadvantageous with regards to their future prospects as their name may become knotted with the goodwill associated with the brand itself rather than with the designer. Susan Scafidi, fashion law professor at Fordham University while being interviewed by Fashionista, said “When you put your name on a label, that is a corporation and no longer belongs to you.”

Earlier this year, the famous designer, Kate Spade, who previously owned the brand Kate Spade New York, after taking fashion break of nearly a decade made her comeback in fashion industry and swapped her surname to Kate Valentine. Kate Valentine, in 1993, along with her husband Andy Spade launched a fashion a company Kate Spade LLC. However, in 2007, Liz Claiborne acquired the company – now a public company called Kate Spade & Co – for $125 million while intellectual property rights including the well-established trademark ‘Kate Spade’ was made part of the deal and consequently Kate Valentine lost the rights to use her name for commercial purposes and thus to make her comeback she was bound to re-brand herself and she did.

In another instance, a renowned British fashion designer, Karen Millen, was barred from using her own name for commercial purposes this year as she had previously sold her majority shares in Karen Millen Holdings to Baugar Group for 95 million pounds. Karen Millen is considered an integral intellectual asset of the company which is driving in huge profits.

Fashion designers (aspiring or established) should stay vigilant with regards to future prospects while attempting to use or license or sell away their trademark or personal names regardless how the profitable offer seems to be. One of such example is when Tom Ford, while working as a Creative Director, never allowed to use his personal name for any designs being launched by Gucci or Yves Saint Laurent which later enabled him to launch his own brand using his own name. Ergo, if the caution is not taken the designer may suffer a great loss as when the right time would come to reap benefits he will have to begin from scratch while the castle of his name will be standing in someone else’s corporate land!