SYDNEY: The battle lines in a trademark case involving designer Collette Dinnigan and accessories chain Colette were drawn as early as mid-2009, legal documents have revealed.
Last last month, Dinnigan instructed her lawyers to file an intellectual property infringement application against Colette Hayman with the Australian Federal Court.
Hayman, who founded the accessories chain in 2009 and commenced a retail rollout in April this year, has been accused of engaging in misleading and deceptive conduct in branding her stores with the Colette mark.
The application claimed the mark not only suggested its products were associated with the Collette Dinnigan label, but infringed trademarks registered by her group of companies.
The designer is pushing to restrain Hayman from trading under the ‘Colette’ name and seeking damages or payment of an amount equal to the profits made by Colette Accessories.
However, documents from IP Australia reveal the battle has been raging long before the Federal Court application was filed on August 23. In July 2009, Colette Accessories first applied for a ‘Colette’ trade mark to cover leather, imitation, casual, clutch, evening, luggage and overnight bags. In February 2010, Dinnigan moved to formally oppose the application.
Two months later, the accessories provider fought back by threatening to remove four of Dinnigan’s trademarks for non-use. Under Australian law, a registration can be challenged by the filing of a non-use application, which aims to prevent the ‘stockpiling’ of trademarks by persons who have no intention of using them.
In this instance, while a portion of Dinnigan’s trade marks are currently in use, the designer and her group of companies have registered over 10 classes of product. These classes cover items such as cuff links, hair care products including mousse and gels, as well as tie pins, mirrors and furniture.
Hayman declined to comment on the case and whether she intended to pursue categories outside of the marks registered under her company. Dinnigan currently produces fashion, bridalwear, childrenswear and lingerie collections.
Assia Benmedjdoub