Seduce sought to have a trademark registration by Girl Hut Limited (GHL) declared invalid on several grounds including prior use and reputation. GHL registered the mark in New Zealand on January 2006 for its line of clothing including jeans, pants, skirts, tops, knits, shorts
and dresses.
Seduce claimed prior use of the mark during the period June 2001 - June 2003 and the resumption of its use from March 2006.
Seduce stated that during these periods, the label was distributed in New Zealand boutiques through external fashion agencies and/or representatives.
In hearing documents obtained from the Intellectual Property Office of New Zealand, Seduce alleged its operations in the market were being hindered due to GHL’s registration, opening it up to potential infringement action by the company. Seduce alleged its own application, filed in September 2007, was in abeyance due to GHL’s registered mark.
Despite failing on several fronts in its case against GHl, Seduce was successful in proving the invalidity of its mark. Assistant Commissioner of Trademarks Jennie Walden ruled in favour of Seduce, with GHL’s registration declared invalid and the register to be altered accordingly.
Seduce declined to comment on the case. The company operates brands Seduce, Katherine and Blue Juice.
Assia Benmedjdoub