Chanel Goes After 2 Person Chocolate Company Over The Number Five
from the six-seven-eight dept
Chanel is a company that does fashion and perfume. I know this because I can't walk into a department store without walking past a bunch of glass cases that smell like someone boiled six billion flowers in a pot and then threw it on me, leaving me only to walk past the purses and handbag sections and laugh at the prices for tiny, tiny little bags. Chanel does not sell chocolate, unless you count naming some of the afore-mentioned perfumes and handbags with vaguely chocolate-y names. I know this because I did a Google search to make sure, and those are infallible. And, yet, for some reason, Chanel has decided to play trademark-goalie on a two-person chocolate shop operating in Australia.
Global fashion house Chanel has forced a small Australian chocolate maker to change its branding after it claimed a trademark infringement on its No.5 perfume. A letter from Chanel's lawyers was the last thing that Chocolate @ No.5 owner Alison Peck expected when she set up her company. After all, her business is a "two-man show," named after its address – 5 Main Street Hahndorf, a village in the Adelaide Hills – and makes chocolate, not perfume or haute couture. Her company would have most likely gone unnoticed by the multinational fashion giant had it not applied for a trademark registration.At which point Chanel's lawyers fired off a threat letter. A letter, I'll concede, perhaps not entirely without merit. Here is the original branding of Chocolate @ No. 5 alongside the branding of a Chanel bottle of perfume.
Chanel wanted Ms Peck to only use the digit or word 'five' while her business was located at it current address. "It was implied if I ever moved I would have to change the name. That was when I realised I was being bullied. They don't own the number five. In the future do we go to school and go 'one, two, three, four, trademark protected, six?' It's just crazy. Never mind that China is churning out [counterfeit] Chanel at a rate of knots. I was not trying to pass of my chocolates as being Chanel No.5. That's just silly because it's chocolate."It sounds to me like the legal team at Chanel is sort of using the descriptive clauses in reverse, suggesting her logo is not infringing if it describes the company address, but if that address changes it suddenly becomes infringing because it's no longer descriptive. If that is indeed the argument they're making, it's a very silly one, because, again, chocolate. Add to that the idea that the number five is getting this much attention in the trademark realm and you can imagine the frustration of a small shop just trying to make a living.
And it's because of those same economic interests that Peck is backing down and simply re-branding.
"I was happy to withdraw my application and change my logo because there is nothing wrong with a bit of freshness to a product. Our product is still the same."For Christ's sake, Chanel, have a chocolate and calm the hell down.
This appears to have placated Chanel, which Ms Peck said had backed down on its other demands. But the fashion titan is "monitoring" her business.
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Filed Under: 5, australia, chocolate, likelihood of confusion, no. 5, number 5, perfume, trademark
Companies: chanel
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Well done, Alison Peck. You win the Internets!
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5 has been used already
There is a peanuts character called 5 who even appeared in the background of a Charlie Brown Christmas.
There are a bunch of tv shows with a 5 in the title. My favorite being Babylon 5.
... This is the story of the last of the Babylon stations. The year is 2258. The name of the place is Babylon 5.
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Re: 5 has been used already
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Can we....
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Re: Can we....
A stupid law, but there you go. "Defense" may mean writing up a simple agreement but you don't get to let the other party pay your lawyers then.
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Re: Re: Can we....
That doesn't mean you have to defend it against people using a similar name in other industries. In US law at least, trademarks are specific to an industry, so unless Chanel's trademark application specified chocolate or candy of some sort, they would have no legal standing to go after a chocolate shop over the number 5. Is Australian or French law different? The logo might be a different story, but they agreed to change that.
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Re: Re: Can we....
Wasn't there a ruling that said the opposite? I kind of remember reading something like this somewhere but I can't recall where or when.
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Re:
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Re:
If you want to have a fitting insult for mindless obsessive pencil-pushing, just use "German". That aspect hasn't changed all that much, but it's quite a different political platform running on that hardware at the moment.
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Re: Re:
Authoritarian dictatorships are the same the world over, despite variations in the name of the political philosophy. They try to enslave the majority for the benefit of an elite.
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Design #1 looks Extremely Similar to Chanel's
Once negotiations had started, it's only natural that both sides would push a little bit. Storm meet teacup.
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Re: Design #1 looks Extremely Similar to Chanel's
As with so many of these stories here, one should ask this question - would party #2 have selected the trademark they did if it were not for the fame of trademark #1. If the answer is no, then you have to wonder if company #2 is trading on the fame of company #1.
Looking at the first view it's pretty clear that the chocolate folks were playing off Channel mark. They probably thought it was cute. But that's risky, and even after they made changes they are now on Channel's radar.
The headline should really reflect that the issue is not with ownership of the number "5" but a slightly more distinct "No 5" where the "o" is of a certain style, the use of which conjures up Channel's brand.
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i dont know about anyone else but i think this is disgraceful behaviour by Chanel. i have to ask if it would have gone after a company like Cadburys or nestle, companies that have plenty of money and lawyers to match?
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Typo?
Don't you mean "for Coco's sake"?
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Channel 5
They might be next on the list.
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Channel 5
For a second there I thought it was called Chanel 5. Definitely confusing, Chanel should sue immediately for a billion squillion dollars.
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Chanel is not going far enough
https://upload.wikimedia.org/wikipedia/commons/0/03/NY_Met_demuth_figure_5_gold.JPG
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