Le 7 septembre 2016, 08:31 dans Humeurs • 0
(Photo:formal dress shops)
A NEWPORT designer has claimed a huge victory in the world of fashion following a legal battle over the naming rights of her own designs.
Sonia Edwards, 44, has created ‘Veggings’ – a figure-hugging trouser design which incorporates the shaped of a V in the waistband.
She is the owner of Cwtchy Cwtchy, but she found herself in court from the company behind Jeggings – the Turkish textile giant Sanko.
However, her case was heard before the Intellectual Property Office, with the decision running in favour of the Newport entrepreneur.
Mrs Edwards applied to register the mark of ‘Veggings’ in the UK in April 2014, and this application was accepted by the Trade Marks Journal the following month.
The Turkish clothing company lodged a complaint against the Newport designer’s mark, objecting on the basis that the two names were very similar.
Sanko, the original manufacturers of jeggings, produces more than 250 million metres of denim annually and distributes to around 60 countries worldwide.
Mrs Edwards claims the global company previously told her she could use the word Veggings - but only if she does not use denim, or fake denim, which the designer was unable to comprehend the reasons behind this request.
On Monday, August 22, it was announced by Mark Bryant, the principal hearing officer at the Intellectual Property Office, that Mrs Edwards would be able to use the term ‘Veggings’ for her product.
He said: “Whilst the marks are highly similar, there is one difference that is unlikely to go unnoticed by the consumer.
“As the opponent states in her written submissions, its mark is a compound word based on a combination of the word “jeans” and the word “leggings”. As a consequence, there is an allusion to 'jeans' whereas the applicant's mark has no such allusion to “jeans”.
“The absence of this concept will play a part in differentiating the marks in the minds of the consumer.
“I note that the origin of the applicant’s mark is that the letter “V” at the start of the mark alludes to the shape of the waist of the goods, but it is not clear to me that such an allusion will be apparent to the average UK consumer without first being educated through use.”
Mr Bryant concluded that the likelihood of confusion between the two products would not be an issue in his view.Read more at:bridesmaid dresses