Gale force enough to win trade dispute?

 

NATIONAL: As ambassadors for rival department stores Myer and David Jones, Jennifer Hawkins and Megan Gale rarely stand toe to toe.

However, both supermodels have now found themselves embroiled in legal spats over their respective swimwear labels. As reported in the April 9 edition of Ragtrader, Gale has partnered with category leader Seafolly to create an 80-piece collection for release in July. Dubbed Isola by Megan Gale, the brand will offer women a range of full swimsuits and separates priced from $160.

In a move that could quash the launch of Isola, boutique swim label Issla has moved to oppose the trademark on grounds of similarity. In addition to competing in the same product category, both brand names are derived or inspired by the Italian word for island. Issla could potentially derail Gale’s swimwear venture if lawyers can prove the brand was trading before September 2009, when a trademark application for Isola was first lodged, and if the two companies are indeed deceptively similar.

Evidence in support of the opposition is due on July 7, 2010. Issla owners declined to comment on the record at the time of press but it is understood the brand has been trading for four years.

Intellectual property lawyer Trevor Choy said Gale and Seafolly could face a year-long legal battle costing tens of thousands of dollars. He believed Isola could have avoided the fallout if its publicity drive commenced at a later date.

“File a trademark application quietly and get it registered before sending out the media releases,” he advised. “If Isola had done it this way nobody would have known and it would have been too late and expensive for Issla to do anything about it.”

This follows a similar trademark dispute launched last year by Caussie founder Kevin Stapley. The swimwear entrepreneur launched action against Myer ambassador Jennifer Hawkins when she attempted to trademark her Cozi brand in February, 2009. Hawkins debuted the range at Myer’s spring/summer collection launch in August.

Both parties have since submitted evidence in support of their case, and the matter is scheduled to be heard before a tribunal later this year.

Assia Benmedjdoub