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A patent lawyer says fashion designer Trelise Cooper will need to prove a designer with a similar name is causing confusion in the industry if she is to succeed with legal action.
The Auckland designer has opposed an Intellectual Property Office decision to allow Tamsin Cooper to register her name as a brand and has threatened legal action.
Sheana Wheeldon of Kensington Swan lawyers says trademark registration cases are often settled out of court. But she says to succeed in court it must be proved the public is being confused or misled into buying Tamsin Cooper clothing.
Trelise Cooper has instructed trademark lawyers AJ Park to oppose Tamsin Cooper's application to trademark her name for her collection of accessories and clothes.
Tamsin Cooper is vowing to fight back, but says the process could prove financially ruinous.
Trelise Cooper, whose business is worth millions of dollars in domestic and international sales, says she acted after comparing Tamsin Cooper's website and logos with her own.
She says there has been confusion over the two labels in shops
which stock them and any other designer in her position would have
done the same thing.
