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Thursday, September 6, 2012

Trademark Infringement | "Fred Perry settles trademark dispute with Topshop"

By: Business week
Source: http://menmedia.co.uk
Category: Trademark Infringement



Lawyers in Manchester have helped fashion label Fred Perry win damages against Topshop's owner following a trademark infringement of its iconic logo.

Roy Crozier, joint head of intellectual property at Clarke Willmott, and his assistant Andrew Stone issued High Court proceedings against Arcadia Group after the retailer used a laurel wreath - similar to Fred Perry's iconic emblem - on a pink knitted jumper.

The Topshop jumper even caused confusion among Twitter followers who asked where they could buy the Fred Perry top.

Arcadia admitted that it did infringe Fred Perry’s trade mark rights and, as part of the settlement, paid damages and legal costs to Fred Perry and agreed not to sell the product in the future.

Mr Crozier said: “This was one of the clearest cases of trade mark infringement I have come across in the fashion industry.

“The laurel wreath is a famous trademark and clearly synonymous with Fred Perry, which has been using the motif for 60 years

“We had an extremely strong case in the first instance, and the confusion regarding the top was clear to see on Twitter, where people were asking where they could purchase the Fred Perry jumper.

“We tried to settle with Arcadia months ago but finally had to issue High Court proceedings to reach a settlement.”

He added: “It's not unusual for brands to take inspiration from each other, but this was an unusual case where a famous trademark was used.”

A spokesperson from Fred Perry, a brand launched by Stockport-born tennis champion Fred Perry in 1952, said: “We will not hesitate to enforce our intellectual property rights when they are infringed.”

A Topshop spokesperson said: "Topshop takes very seriously the protection of its own intellectual property rights and accordingly affords all due respect to the intellectual property rights of others.

"Topshop is very pleased that this matter has been resolved to the mutual satisfaction of both parties"


Source: http://menmedia.co.uk/manchestereveningnews/news/business/professionals/s/1588085_fred-perry-settles-trademark-dispute-with-topshop

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