HARBELER

Scandal in the fashion world. The American court prohibited the Russian designer to use her own name.

Specialists of the fashion industry as well as lawyers regard this story diplomatically “a strange” one. In 2008 the Russian fashion designer Kira Plastinina opened her shops in New York, in elite districts and suburbs of Los Angeles.

As it is known, a name of a couturier is also a trademark. There is also Kira Plastinina trademark.

However, some time later “PakSun”, the Californian company, which also produces clothes for youth and accessories, applied to the court with a claim to protect its rights for “Kirra” trademark. This one sounds very similar, but there are straight differences in spelling, design and sense. “PakSun” named their trademark in honor of one famous Australian beach.

Court sitting can be regarded as indication of  success. It can hardly have any sense to start court proceedings with a competitor that is out of any danger. In this story not strict rules of the fashion world impress, but the court decision, in fact due to this decision Kira Plastinina is prohibited to use her name in the United States.

17-years old Kira Plastinina is the youngest designer in the world as well as the owner of her own fashion house. It was rather obvious that in this sphere nobody will give her a strong hug, taking into account that there is a severe competition. But absurdity took place in Plastinina case.

The designer Kira Plastinina reports: “In the beginning I could hardly even suggest that a person can be prohibited to use his own name. Writers, painters, composers sign their works with their names. And here is the same.”

The professor Susan Scufidi is the main specialist in the sphere of legislation of the fashion world area in the US. She gives a special course at the University and the Plastinina case will be most probably mentioned in the lectures of Scufidi Professor.

The Professor Susan Scufidi reports: “Of course, Kira Plastinina case is very interesting. For example, there is a great number of designers in France who have name Christian – Dior, Lacroix, etc. These names exist without any obstacles. The fact that “PakSun” decided to protect their trademark “Kirra” by means of getting a prohibition in respect of “Kira Plastinina” trademark is excessive to my opinion. And I am surprised that the court has taken side of “PakSun”.

First of all, a trademark must be registered in the country to start working. It is a long and scrupulous process. In the US this process is under control of the special commission, this commission deals not only with registration, but also with a many steps - control with the purpose to avoid occasional or intentional similarities with already  registered trademarks and companies names.

The commission beforehand edits a bulletin for general use with all registered names, thanks for that companies, which work on the market, can point out a suspicious similarity or an obvious piracy. Kira Plastinina fashion house passed registration. Her trademark did not cause anybody’s claims, including “PakSun”.

Stiven Buffon, the lawyer who represents interests of “Kira Plastinina” house in the US reports: “In the action they claimed that consumers are misled, to our opinion this is very difficult to be believed in. This is incorrect and not grounded. I do not believe that somebody can confuse “Kira Plastinina” and “Kirra” trademarks, especially taking into account that the second one is spelled with double “r”.

Representatives of “PakSun” ignored numerous requests to comment on and present their view upon this situation. Lawyers of Kira Plastinina filed an appeal and expect whether a full repeal of the trademark ban or some ease. The court proceedings will be held in California, in summer of 2010.

1tv.ru