Abstract
This comment discusses the use of personal name trademarks in the fashion industry, and in particular, its impact on the namesake designer. Designers currently have very few options regarding the use of their personal name as a trademark, and often cannot retain any use of their name after a designer has left the company owning the trademark. The fashion industry is unique in that personal name trademarks are widely used and become extremely valuable. At the commencement of a fashion enterprise, a designer will require investors to build his or her brand. Often, choosing to name the brand after the designer is the best option from an investor’s perspective. Once the brand becomes popular, the trademark becomes one of the most important assets to the company. If a designer ever leaves the company, he or she is forced to give up the rights to using his or her name in a new business endeavor. Designers need greater protection given the personal nature of the item at issue. This comment proposes that due to an inherent disadvantage, designers should retain ownership of the trademark until the time that the designer freely chooses to relinquish their rights. Further, the purpose of the governing law, the Lanham Act, cannot be achieved if personal names are sold as commodities while the consumer is led to believe the name represents the individual designer is the source of the product. Finally, the use of disclaimers is unnecessary and ineffective because they do not further protect the consumer from confusion.
Recommended Citation
Allison B. Pitzer,
Unfashionably Late: Protecting a Designer‘s Identity After a Personal Name Becomes a Valuable Trademark,
35
S. Ill. U. L.J.
309
(2011).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol35/iss2/4