Showing posts with label designer names. Show all posts
Showing posts with label designer names. Show all posts

Wednesday, 6 May 2009

And the price of your own name is . . . .?

Fashionista has learnt that Amanda Wakeley sold her remaining share in the Amanda Wakeley brand in December 2008 - only to buy it again 4 months later for an estimated £1 million. The brand was sold last year to Arvoco, which has sinced worked to restructure the company. Amanda Wakeley now has full control of the business - and of the intellectual property in her eponymous brand - for the first time in 10 years.

Fashionista sees this as a lucky return and is all too aware of the pitfalls to designers developing their names into well known brands and then losing control of their names - especially when, as a fashion designer, your name is such a large part of who you are and what you do. Elizabeth Emanuel - famed for designing Princess Diana's wedding dress - knows of such pitfalls only too well. After assigning the goodwill and rights to her name in 1996, Elizabeth Emanuel subsequently sought to oppose a trade mark application for "Elizabeth Emanuel" by the eventual assignee. The issue was referred to the ECJ, which rightly concluded that Elizabeth Emanuel's opposition could not stand because, if it could, assignments of goodwill and intellectual property would effectively become meaningless.

The moral of the story? Treat assingments cautiously and be careful as to what rights you are giving away to your name, particularly when your name is such a fundamental part of what you do and how you are known in your industry. Fashionista would certainly be cross if her name were attributed to a style, trend or item of clothing which she didn't particularly like or want to endorse and congratulates Ms Wakeley on once again being able to control how her name is used.

Monday, 2 February 2009

It's my name! Or is it . . . . ?

The AMANDA WAKELEY brand has been sold back to its eponymous designer for an undisclosed sum. Or, to be more precise, a vehicle called AW Atelier set up by the designer Amanda Wakeley, has bought the Amanda Wakeley bridalwear business and all intellectual property relating to the Amanda Wakeley business, which includes the brand name and the autumn 09 collection.

Will this be a happy ending for the designer now that she is re-united with her name and brand? Let's hope so. But the fact is that the courts have been asked more than once to deal with problems arising from the separation of a brand name from its designer. The ELIZABETH EMANUEL dispute even made it all the way to the European Court of Justice in Luxembourg.

Let's hope that Amanda Wakeley will have fewer problems - provided she has a controlling interest in AW Atelier she will be off to a good start and certainly much better placed than when sher had no (or only very little) share in the ownership of the brand.