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The Dangers Behind Fashion's Penchant for the Eponymous Label

It is a common misconception that individuals are legally entitled to create brands under their own names. It is a similarly common misapprehension that launching an eponymous label is often a good idea. So, what are some of the most common barriers to using your own name in connection with a commercial brand and the downfalls of such a move?
Individuals are often barred from using their birth names in connection with a business venture because their names are already in use. If someone else has already used your name (or a “confusingly” similar name) in the same market – or classes of goods and/or services, to be exact – as you, there is a chance that you will be prevented from using your own name in connection therewith. Such a principle is good law in the U.S., where trademark law governs such matters.
As we learned in the Chanel v. Chanel’s Salon case, in which the Paris-based design house was successful in forcing Indiana-based Chanel Jones to cease use of the word “Chanel” in connection with her small business, an individual does not have an unfettered right to use his/her personal name for commercial purposes. There have been a number of other cases on this issue in recent the years involving well-known trademarks, some of which were fashion related.

Another one of the key considerations in terms of launching an eponymous label involves the long-term repercussions, particularly if selling of your brand down the line is even a remote possibility. You may be prevented from using your own name in relation to your future business ventures if they are in the same field as a company you previously branded with your own name.
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Kirjoitettu Friday 07.04.2017

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