Designer Sued For Using His Own Trademark Namesake

[Dave Zan]

http://www.dnrnews.com/site/article.php?id=595

Specifically, JA Apparel charged that Abboud’s stated intention to use his own name to help publicize Jaz would violate JA Apparel’s ownership of the Joseph Abboud trademarks. The company is seeking a permanent injunction forbidding Abboud from using the Joseph Abboud name on any marketing, advertising or promotional materials related to the Jaz brand, as well as unspecified monetary damages.

[jberryhill]

Another self-made martyr.

The guy seems to be something of a jerk. He sold the right to use his name on clothing, and now he wants to do it in some sort of sideways manner.

There is no absolute right to use your own name in commerce.

If your name is Ford, and you make cars, you are going to have to call them something else.

If your name is DuPont, and you make chemicals, you are going to have to call them something else.

The Taylor wine family sold the right to use their name generations ago. One of the Taylor grandsons has been playing the same stupid game, and losing, off and on for years.

The guy in the story is being sued for breach of contract. If I pay you for the exclusive right to use "Dave Zan" in forum postings, and you come back and start posting in your own name again, yeah, I'll sue you.

[DNQuest.com]

My name is for sale at only 10% of what JA paid... what a deal!!!! And I will change my drivers license.....

[TheLegendaryJP]

Maybe he can give back the $65 million and they'd let him use it again

The complaint notes that when Abboud sold his trademarks in 2000, he sold all rights to use the words “Joseph Abboud,” “designed by Joseph Abboud,” “by Joseph Abboud,” “JA,” or “anything similar or derivative thereof, either alone or in combination with other words or symbols.”

This guy is obviously aware of what he was paid for and signed off on. The fact is no one seems to have the ability to honor an agreement and weaseling out of contracts seem to be the norm. If only the courts held people to their word this wouldnt be such an issue this day in age.

[typist]

Originally Posted by DNQuest.com

My name is for sale

Good to know. I wonder if your name would be a suitable trademark for a Panama-registered domain name monetization business.

[DNQuest.com]

for 10% of 65mil... you can do anything you want... but I was refering to my real name.

[Brett Lewis]

The guy seems to be something of a jerk. He sold the right to use his name on clothing, and now he wants to do it in some sort of sideways manner.

True. Sadly, my favorite suit is a Joseph Abboud. I'm not sure if I can wear it any more, or should I just rip off the label?

[DNQuest.com]

Originally Posted by Brett Lewis

True. Sadly, my favorite suit is a Joseph Abboud. I'm not sure if I can wear it any more, or should I just rip off the label?

Isn't that illegal to do??? wait, that just applies to mattresses

[Shaggy]

Originally Posted by DNQuest.com

Isn't that illegal to do??? wait, that just applies to mattresses

Thats only illegal to don't if you don't own that mattress :p

[tenzin]

The complaint notes that when Abboud sold his trademarks in 2000, he sold all rights to use the words “Joseph Abboud,” “designed by Joseph Abboud,” “by Joseph Abboud,” “JA,” or “anything similar or derivative thereof, either alone or in combination with other words or symbols.”

That seems very clear in the context of naming his new brand. (I'm assuming that Joseph Abboud can still use his name on his driver's license and when buying a house.) It also goes without saying that people should honor their agreements, especially in cases such as this, where Mr. Abboud was generously compensated.

However, I do have a question: Is it absolutely impossible for him to let people know that he is the creative director behind the new Jaz brand, or does the problem arise from the way he's doing it? For example, in an "About the Company" section on the Jaz website or in a brochure, is it illegal to state that it was started by Joseph Abboud?

[Dave Zan]

Originally Posted by tenzin

However, I do have a question: Is it absolutely impossible for him to let people know that he is the creative director behind the new Jaz brand, or does the problem arise from the way he's doing it? For example, in an "About the Company" section on the Jaz website or in a brochure, is it illegal to state that it was started by Joseph Abboud?

The answer to those questions will likely depend on their agreement. While
what you asked might not be illegal under any applicable law, the terms of
their agreement can give one of them a cause of action against the other.

[DNQuest.com]

Originally Posted by Dave Zan

The answer to those questions will likely depend on their agreement. While
what you asked might not be illegal under any applicable law, the terms of
their agreement can give one of them a cause of action against the other.

This was the type of circumstance with Apple v. Apple, where it was the agreement that took precedence over TM law. (I still can't believe "data transfer" was ruled in that case.)

BTW- I lowered my asking price of my name.. only 5% of 65mil...