Discussions about the fashion industry thread

[Patrick R]

lol

Their hands are tied. They have to get people to stop using the name descriptively or they forfeit rights they would otherwise own.

 

[dieworkwear]

Their hands are tied. They have to get people to stop using the name descriptively or they forfeit rights they would otherwise own.

Wait, really? What kind of rights would be tied to this?

 

[Newcomer]

Trademark. Trying to avoid the Kleenex, Xerox, problem, specifically, genericization and the term Chanely passing into the public vernacular.

 

[Patrick R]

Wait, really? What kind of rights would be tied to this?

Yes. As NewC said, it’s all about trademarks. Some companies try to be more clever about it.




Rollerblades had to get the world to call their product “in-line skates” so they wouldn’t lose the brand. There are lots of examples.

I know that I just posted their hands are tied and they have to do it, but really I should say “their lawyers have convinced them they have to do it.” I won’t say whether I agree or disagree.

 

[styleforumfan]

I don't know about Kohl's either, but I think that there is a lot of overlap between Macy's and Nordstrom customers and merchandise mix. I wonder if they will accept returns from Bloomingdales. That's part of the Macy's group, iirc, and probably the closest direct competitor.

Is Nordstrom going to "eat" the Macy's / Kohl's return? If so, there's a lesser financial blow to Nordstrom's bottom line than say a Neiman / Saks return.

 

[bry2000]

Yes. As NewC said, it’s all about trademarks. Some companies try to be more clever about it.




Rollerblades had to get the world to call their product “in-line skates” so they wouldn’t lose the brand. There are lots of examples.

I know that I just posted their hands are tied and they have to do it, but really I should say “their lawyers have convinced them they have to do it.” I won’t say whether I agree or disagree.

10/10 would watch that video on an infinite loop.

 

[LA Guy]

Trademark. Trying to avoid the Kleenex, Xerox, problem, specifically, genericization and the term Chanely passing into the public vernacular.

Yes, they are obligated to show that they have attempted to protect their trademark and to keep the trademark out of the realm of common usage. That said, they did it in a pretty passive aggressive dickish way, and as McDonald's recently learned, sometimes overly aggressive trademark enforcement can bite you **********:

https://www.washingtonpost.com/business/2019/02/11/mcdonalds-loses-big-mac-trademark-burger-king-adds-like-big-mac-actually-big-burger/

 

[dieworkwear]

Is Nordstrom going to "eat" the Macy's / Kohl's return? If so, there's a lesser financial blow to Nordstrom's bottom line than say a Neiman / Saks return.

As far as I know, it's just a drop off point, like how Amazon now has drop-off and pick-up location agreements with various local businesses. This is a way for brick-and-mortar stores to build foot traffic, so long as they think there's an overlapping demographic. And for online businesses to make things easier for their customers.

Nordstrom's isn't really eating anything except for a bit of labor cost involved in processing returns.

 

[clee1982]

I would imagine it's not "that" cheap, would think the other guys reimburse them

 

[cb200]

Nordstrom likely will be putting every return with prepaid shipping into an oversized box with 3 or four bricks in it. (real bricks. Not fits)

 

[pleatedjeans]

Yes. As NewC said, it’s all about trademarks. Some companies try to be more clever about it.




Rollerblades had to get the world to call their product “in-line skates” so they wouldn’t lose the brand. There are lots of examples.

I know that I just posted their hands are tied and they have to do it, but really I should say “their lawyers have convinced them they have to do it.” I won’t say whether I agree or disagree.

song slaps

 

[cb200]

In other Trademark news. Patagonia is going after a third party Amazon seller. https://www.thefashionlaw.com/home/...s-products-even-authentic-ones-sold-on-amazon

 

[RJman]

I also hate it when all those people talk about NO mAN WALKS ALONE-ish jackets. Leave our iconic name alone, people. Ugh

I get around that by calling it NWA

 

[styleforumfan]

Nordstrom likely will be putting every return with prepaid shipping into an oversized box with 3 or four bricks in it. (real bricks. Not fits)

Exactly. This arrangement doesn't make sense unless you get your money back on the spot from Nordstrom. There's additional risk when you let middleman Nordstrom handle the return and it has nothing to do with the transaction.

 

[Bromley]

Woah, I didn't realize there were actual legal implications of brand names becoming generic terms. A recent discussion with friends about commonly used words that are actually brand names led us to this list. Some of the proper generic names are crazy. Dumpster™ is supposed to be "front loader waste container". Kawasaki owns Jet Ski™. Parker Brothers owns Ping Pong™. And Realtor™!