Chanel v. Chanel

December 2014

Chanel is known for vigorously defending its intellectual property. And instead of ever think they have gone too far I just smile and remain content that they keep fashion law going and perhaps one day I will be the fashion lawyer fighting for their rights. 😉

Finally, though I found a little fashion law situation that made me a little sad.

A hairstylist names Chanel Jones started her own business and named it after herself. This Indiana beauty entrepreneur was apparently does not have a fashion lawyer. Nor does she read my blog because she would have caught my post that discussed using your name as a trademark.

On August 29, 2014, Chanel filed an action against Jones. The action claimed Jones infringed the Chanel trademark and benefited from luxury fashion house’s reputation. What made me sad was Jones’ response. It seems Jones may have been too rattled to even spellcheck the response she filed.

Chanel Jones' court answer to Chanel trademark claim

On December 16,2014, Chanel, Inc. filed a final order and judgment on consent for permanent injunction against Chanel Jones and her beauty parlor, Chanel’s Salon, LLC.

Jones signed a consent agreement that restricts her from using “Chanel” and it requires her to remove all mentions of the mark by February 15.

“Consent judgments” (a/k/a “consent decrees”) are very, very dangerous — especially when wielded by a powerful corporation against a pro se defendant.  The defendant in this case probably could have used some help, not only in drafting her (sort of heartbreaking) “Answer” to plaintiff’s Complaint, but in negotiating more reasonable terms for the settlement agreement embodied in the Consent Judgment embedded below — which, in its current form, essentially prevents her from using her name in commerce in any way, ever, under penalty of contempt of court, among other possible penalties.

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