Trelise Cooper in trademark battle with namesake

Tamsin Cooper preparing for this year's Fashion Week. Picture / Martin Sykes

A branding battle has broken out in the rag trade, with leading fashion designer Trelise Cooper filing legal proceedings to prevent a South Island designer trademarking her similar name.
Arrowtown-based designer Tamsin Cooper lodged an application with the Intellectual Property Office earlier this year to officially register her name as a trademark. But her application has been opposed by Trelise Cooper, whose lawyer says the trademark could cause confusion about his client's brand.

The two T Coopers are not related and have never met. One of New Zealand's best-known labels, Trelise Cooper Ltd has 75 staff and an annual turnover of $15 million.

Tamsin Cooper launched her label in 2003. A family business, it employs two part-time staff and has a turnover of "less than two per cent" of Trelise Cooper Ltd's. But Trelise Cooper said the similarities between the two brands were too strong to ignore.

She had worked hard to build a distinctive reputation for her company and protecting her brand was "everything". "It's not that I don't want a young designer to succeed but I actually would like her to get her own identity," she said. "It's a business decision, it's not personal. The protection of my brand means that my staff and their livelihoods are protected."

Tamsin Cooper said she did not want to cause friction in the industry but it was usual for designers to name their labels after themselves. "I really hope I can continue trading under my own name that I was given at birth."

Trelise Cooper's lawyer, JohnHackett of intellectual property specialist AJ Park, said even though Tamsin Cooper was her name, that did not mean she was free to use it as a trademark if it created confusion.

"Trelise Cooper has a massive reputation and goodwill in her name both in New Zealand and internationally so there's a fair bit at stake for her here." He said there was "a distinct similarity between the look and feel" of the brands.

Tamsin Cooper's website and the "look and feel" of her products could exacerbate the confusion, he said. (Links to websites at foot of page.)

"It's not a question of [Trelise] being a bully - this is quite important to her whole brand, internationally as well as here in New Zealand," he said.

If the designers cannot resolve the dispute through negotiation, it could go to a hearing before the Commissioner of Trademarks.

Tamsin Cooper said she hoped to avoid a legal battle which could be "incredibly financially damaging".

Trelise Cooper was made a Member of the New Zealand Order of Merit in 2004.

- HERALD ON SUNDAY