Just Jeans gets tough on trade

 

NATIONAL: Just Jeans is the latest retail juggernaut to take legal action against a small fashion business over alleged trade mark infringement.

As reported in the November 5 edition of Ragtrader, an Auckland-based boutique was successful in thwarting Cotton On Group over trade mark issues with its Rubi Shoes footwear chain.  

Now a start-up business with the slogan ‘Just for girls just like you’ is facing its own battle with Just Jeans, part of the group of companies which include brands such as Dotti, Peter Alexander, Portmans and Jay Jays.

Just Jeans has opposed a trade mark push by 7girls, a brand set to launch next year with a product offer spanning books, dolls, accessories and apparel for young girls. It is
understood the 7girls’ slogan ‘Just for girls just like you’ is designed to encourage children to be confident and self-assured.

In a tightly worded letter to the company’s founder, lawyers for Just Jeans alleged the use of the word ‘just’ infringed on its intellectual property rights.

The four-page document, viewed by Ragtrader, listed 17 trade mark registrations by the retail giant including Just Jeans, Just Denim, Just Basics and Just-Shop.

“In view of the above and our client’s extensive reputation in the Just trade marks, the products and services offered by our client under the Just trade marks, and the type of goods consumers would expect to find in a Just Jeans store, our client would be concerned if you were to use... ‘Just for girls just like you in Australia’,” it stated.

Just Jeans vowed it would not oppose the slogan if the brand removed apparel from its product category. 7girls was also required to provide a written undertaking that it would not make any further applications to register the slogan or any “deceptively similar” marks in future. When contacted by Ragtrader, 7girls founder Melinda Downie confirmed Just Jeans had since lodged a formal opposition to the trade mark.

“I am very surprised and disappointed at the grounds of opposition,” she said. “In my opinion, there are numerous trade marks with the word ‘just’ in them pertaining to [apparel]. Perhaps the most famous of all is Nike’s ‘Just do it’ slogan’ and many of these have dates later than the priority dates of the Just Jeans trade marks.”

Despite repeated requests, Just Jeans would not comment on the matter at the time of press. Last month, Ragtrader reported that Auckland-based brand Ruby Apparel had succeeded in a trade mark battle with Rubi Shoes.

Representatives for Ruby Apparel told Ragtrader they have now reached a settlement with Rubi Shoes’ parent company Cotton On.

Assia Benmedjdoub