What’s in a name? Everything. One of the first things we were taught at Fordham was to counsel clients never to use their personal name as part of their branding. Joseph Abboud is a lesson in why naming your brand after yourself is unwise. Joseph Abboud was a successful high-end designer of menswear. His brand, “Joseph Abboud,” carried clout and recognition. Abboud trademarked his name then sold his brand and trademarks to JA Apparel Co in the early 2000s. JA Apparel Co was thereafter acquired by an investment firm, and Abboud left the company. He was subsequently barred from using any part of his name in the branding of menswear.
Ms. Chanel Jones, of Merrillville, Indiana - an individual not affiliated with Chanel, Inc. - just got Abbouded.
Chanel Inc., of the interlocking double-Cs, vociferously protecting their trademark name, “Chanel,” sued Ms. Chanel Jones, a beauty salon owner in Merrillville, Indiana. Ms. Chanel Jones of Merrillville, Indiana was going about her normal business of hair-styling when a cease and desist letter from Chanel Inc. was delivered. Stop using your name! You are infringing on our Chanel trademark by using your own name in a commercial enterprise! Consumers might be confused! Folks coming to you for highlights and extensions might think you are affiliated with our super high-end luxe brand! Stop! Stop! (Me being sarcastic. The letter would have sounded serious + I've never seen the letters.)
Ms. Jones must of thought this was kind of a joke; surely Chanel Inc. wasn’t really worried about a beauty shop in Merrillville, Indiana, population approximately 36,000, being confused with or diluting their brand. According to the lawsuit filed by Chanel Inc., Ms. Jones did not respond to their several cease and desist letters. So Chanel Inc filed a lawsuit in federal court in the Northern District of Indiana seeking to prohibit Ms. Chanel Jones from operating her business called “Chanel’s Salon.” On December 10, 2014, Ms. Chanel Jones of Merrillville, Indiana, representing herself, entered into a Consent Order that prohibits her from using her own name, aka “Chanel,” in any commercial endeavor. (Chanel Inc. vs. Chanel’s Salon LLC, 2-14-CV-00304 (N.D. Ind).
My heart broke a little bit to read the consent order. Ms. Chanel Jones of Merrillville, Indiana is prohibited from using her own name, Chanel, in combination with other words (aka, Chanel Jones; or Chanel Cosmetology Salon), for any commercial purpose. Ms. Chanel Jones is prohibited from using her name in marketing any commercial enterprise. She is required to destroy any business cards, signage, take down Facebook accounts, and all other social media accounts with the offending use of her name “Chanel.” She is prohibited from using the “Prohibited Mark” (capital P, capital M) “in or as part of any keyword, metatag,… or to advertise or promote any goods…through any means or any channels of trade; or as part of any Internet keyword or search term or used in any way to generate sponsored or other Internet search results.”
SERIOUSLY??? Ms. Chanel Jones from Merrillville, Indiana who represented herself and ‘voluntarily’ entered into a consent order with a major league high fashion house represented by a well-heeled corporate lawyer is supposed to monitor Internet searches?
The overreaching continues with the requirement that Ms. Chanel Jones “remove all references to or uses of the Prohibited Mark from … any business or other directly whether in print or online (including but limited to Yelp!)… .” REALLY?? Can Chanel Inc. be genuinely concerned that a local Yelp listing is unfairly competing with the luxe brand? As if it’s not demoralizing enough that Ms. Chanel Jones must spend time and money removing her signage and all evidence of the goodwill built by using her OWN NAME, she is supposed to chase down Google analytics too?
Chanel Inc. 'permitted' Ms. Chanel Jones to use her own name in “a personal, non-commercial capacity, or to otherwise identify herself, provided that Ms. Jones does not use her name in any manner that suggests an affiliation or relationship with Chanel.” So gracious. (Sarcasm.)
BTW, Chanel Inc::: I searched online and on Facebook for Chanel Jones and Chanel Salon. Nada. Congratulations. (The image that accompanies this post is a photo taken by me in front of your flagship store in Paris back when I was naïve to your hamfisted tactics.)
Ms. Chanel Jones, of Merrillville, Indiana - an individual not affiliated with Chanel, Inc. - just got Abbouded.
Chanel Inc., of the interlocking double-Cs, vociferously protecting their trademark name, “Chanel,” sued Ms. Chanel Jones, a beauty salon owner in Merrillville, Indiana. Ms. Chanel Jones of Merrillville, Indiana was going about her normal business of hair-styling when a cease and desist letter from Chanel Inc. was delivered. Stop using your name! You are infringing on our Chanel trademark by using your own name in a commercial enterprise! Consumers might be confused! Folks coming to you for highlights and extensions might think you are affiliated with our super high-end luxe brand! Stop! Stop! (Me being sarcastic. The letter would have sounded serious + I've never seen the letters.)
Ms. Jones must of thought this was kind of a joke; surely Chanel Inc. wasn’t really worried about a beauty shop in Merrillville, Indiana, population approximately 36,000, being confused with or diluting their brand. According to the lawsuit filed by Chanel Inc., Ms. Jones did not respond to their several cease and desist letters. So Chanel Inc filed a lawsuit in federal court in the Northern District of Indiana seeking to prohibit Ms. Chanel Jones from operating her business called “Chanel’s Salon.” On December 10, 2014, Ms. Chanel Jones of Merrillville, Indiana, representing herself, entered into a Consent Order that prohibits her from using her own name, aka “Chanel,” in any commercial endeavor. (Chanel Inc. vs. Chanel’s Salon LLC, 2-14-CV-00304 (N.D. Ind).
My heart broke a little bit to read the consent order. Ms. Chanel Jones of Merrillville, Indiana is prohibited from using her own name, Chanel, in combination with other words (aka, Chanel Jones; or Chanel Cosmetology Salon), for any commercial purpose. Ms. Chanel Jones is prohibited from using her name in marketing any commercial enterprise. She is required to destroy any business cards, signage, take down Facebook accounts, and all other social media accounts with the offending use of her name “Chanel.” She is prohibited from using the “Prohibited Mark” (capital P, capital M) “in or as part of any keyword, metatag,… or to advertise or promote any goods…through any means or any channels of trade; or as part of any Internet keyword or search term or used in any way to generate sponsored or other Internet search results.”
SERIOUSLY??? Ms. Chanel Jones from Merrillville, Indiana who represented herself and ‘voluntarily’ entered into a consent order with a major league high fashion house represented by a well-heeled corporate lawyer is supposed to monitor Internet searches?
The overreaching continues with the requirement that Ms. Chanel Jones “remove all references to or uses of the Prohibited Mark from … any business or other directly whether in print or online (including but limited to Yelp!)… .” REALLY?? Can Chanel Inc. be genuinely concerned that a local Yelp listing is unfairly competing with the luxe brand? As if it’s not demoralizing enough that Ms. Chanel Jones must spend time and money removing her signage and all evidence of the goodwill built by using her OWN NAME, she is supposed to chase down Google analytics too?
Chanel Inc. 'permitted' Ms. Chanel Jones to use her own name in “a personal, non-commercial capacity, or to otherwise identify herself, provided that Ms. Jones does not use her name in any manner that suggests an affiliation or relationship with Chanel.” So gracious. (Sarcasm.)
BTW, Chanel Inc::: I searched online and on Facebook for Chanel Jones and Chanel Salon. Nada. Congratulations. (The image that accompanies this post is a photo taken by me in front of your flagship store in Paris back when I was naïve to your hamfisted tactics.)