A Short Story about Intellectual Property and Fashion
The Client is an international company engaged in the wholesale trade of clothing products, and the owner of the prestigious New York lingerie brad – Kiki de Montparnasse. While the name Kiki de Montparnasse might not seem familiar, her face is easily recognizable in iconic photographs by Man Ray and, famous paintings found in museums, especially the "Le Violon d'Ingres" photograph.
Known as Kiki de Montparnasse, Alice Prin was a Parisian cabaret dancer and singer who lived from 1901-1953 and became famous in the 1920s as a muse for many renowned artists, painters, photographers and writers such as Constatin Brancusi, Amedeo Modigliani, Ernest Hemingway and Man Ray.
The Client sought to register the trademark "Kiki de Montparnasse" for its lingerie brand. However, the Israeli Patent and Trademark Office rejected the registration on the grounds that the name of a deceased person cannot be registered as a trademark without their consent or their heir's consent. Such registration may deceive the public.
To address this rejection, we examined relevant legal precedent, particularly the "Picasso case" which involved the registration of the name "Picasso" for fashion products. In that case, the ILPO considered several factors derived from the British trademark law supporting the registrations, mainly: (1) the connection between the famous person's field and the trademark goods and services. The closer the connection between the deceased person's profession and the products associated with the trademark, the more likely it is that the registration will be denied, and vice versa. (2) The Passage of Time. The longer the period since the famous person's death, the more likely it is that the registration will be approved, especially if the trademark is not directly associated with their known profession or activity.
In our case we argued that Kiki de Montparnasse was primarily known as an artist and muse, not a fashion designer or retailer; and that a significant amount of time had passed since her death, diminishing any potential confusion or association between her name and the lingerie products.
Based on these arguments, we successfully convinced the ILPO to approve the registration of "Kiki de Montparnasse" as a trademark.
This prosecution proceeding demonstrates the importance of careful legal analysis when considering the registration of trademarks. By understanding the relevant legal principles and their exceptions, and applying them to the specific circumstances of each case, it is possible to overcome potential objections and secure valuable trademark rights.
Note: This article provides a general overview of the legal issues involved. It is essential to consult with legal counsel for professional and specific advice tailored to your particular situation.
The Client is an international company engaged in the wholesale trade of clothing products, and the owner of the prestigious New York lingerie brad – Kiki de Montparnasse. While the name Kiki de Montparnasse might not seem familiar, her face is easily recognizable in iconic photographs by Man Ray and, famous paintings found in museums, especially the "Le Violon d'Ingres" photograph.
Known as Kiki de Montparnasse, Alice Prin was a Parisian cabaret dancer and singer who lived from 1901-1953 and became famous in the 1920s as a muse for many renowned artists, painters, photographers and writers such as Constatin Brancusi, Amedeo Modigliani, Ernest Hemingway and Man Ray.
The Client sought to register the trademark "Kiki de Montparnasse" for its lingerie brand. However, the Israeli Patent and Trademark Office rejected the registration on the grounds that the name of a deceased person cannot be registered as a trademark without their consent or their heir's consent. Such registration may deceive the public.
To address this rejection, we examined relevant legal precedent, particularly the "Picasso case" which involved the registration of the name "Picasso" for fashion products. In that case, the ILPO considered several factors derived from the British trademark law supporting the registrations, mainly: (1) the connection between the famous person's field and the trademark goods and services. The closer the connection between the deceased person's profession and the products associated with the trademark, the more likely it is that the registration will be denied, and vice versa. (2) The Passage of Time. The longer the period since the famous person's death, the more likely it is that the registration will be approved, especially if the trademark is not directly associated with their known profession or activity.
In our case we argued that Kiki de Montparnasse was primarily known as an artist and muse, not a fashion designer or retailer; and that a significant amount of time had passed since her death, diminishing any potential confusion or association between her name and the lingerie products.
Based on these arguments, we successfully convinced the ILPO to approve the registration of "Kiki de Montparnasse" as a trademark.
This prosecution proceeding demonstrates the importance of careful legal analysis when considering the registration of trademarks. By understanding the relevant legal principles and their exceptions, and applying them to the specific circumstances of each case, it is possible to overcome potential objections and secure valuable trademark rights.
Note: This article provides a general overview of the legal issues involved. It is essential to consult with legal counsel for professional and specific advice tailored to your particular situation.
