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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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One of our customers wants us top produce a similar cap

Customer Question

One of our customers wants us top produce a similar cap which is currently in a competitors store. The cap has the letter A on the front and we wanted to know if there could be copyright on this cap - Ideally we would like to email you a picture of the cap so please could you send us an email address - Please also see comments below Many thanks Dennis XXX XXXXX XXXXXXXXXXX Ltd 19th Sept 2013 Hi Dennis Sally has said I must just check this with you. We sold George the attached cap. However River island have a brand called 'American Freshman' which they have the be cap online now. Pls see below email – what do you think? Do you think its okay From: Lucy XXXXXX [[email protected]] Sent: 18 September 2013 11:44 To: XXXXX XXXXX Cc: Leigh XXXXXX Subject: Trans Cap Hi Natasha Thank you again for yesterday, as always we found this really helpful and a great start to the season I've just been having a bit of a trawl through the internet and come across an 'American Freshman' Snapback in River's website. I've never seen them just use the initial A before on one of their designs, but would appreciate if you could urgently do some digging to see if they have any legal rights over this in their designs I'm sure it's fine, as you can't copyright a letter - but don't want to be considered to be copying any of their branding, and would appreciate your help clarifying if you feel it could be an issue Thanks for your help Kind Regards XXXXX XXXXX | Men's Footwear and Accessories Buyer | George Clothing

Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
'Hi Thanks for your question. Copyright will not apply to a cap it is not a work of art and generally copyright does not apply to three dimensional objects. It is possible to register designs but it is unlikely a cap could be effectively registered.

The real issue is trademark - either because the design of the A is registered or if the logo is not registered but your cap looks the same , it could be what is know as " passing of" if the River island design is well know and people could mistake your version for a River Island product.
Expert:  Senior Partner replied 3 years ago.
I have just received photos of some beanies - Are they what the issue relates to ?
Customer: replied 3 years ago.

Yes there were two beanies and we wanted to verify whether there was any restraint on us selling these beanies as a result of copyright etc


The beanies by themselves are fine however its the wording on each one that has bothered Asos one of our customers however they have not provided details other than to say they cannot order


 


Please advise


 


Many thanks


 


Dennis Lax

Expert:  Senior Partner replied 3 years ago.
Dennis

I can see nothing on these that looks like a trademark infringement but I suppose it possible. I would be very surprised so there must be some other explanation for Asos are refusing to sell it.
Customer: replied 3 years ago.

It seems to be all about the wording on the beanies being Slacker and Boo


Is it possible that there could be restrictions on the use of these words on a Beanie be it a patent or copyright (what ever is the correct term)


 


Dennis

Expert:  Senior Partner replied 3 years ago.
No it can only be a problem if either word is registered as a trade mark. Otherwise it is only a problem if the image is the same as another well known product.

You can search online for trademarks http://www.ipo.gov.uk/types/tm/t-os/t-find/tmtext.htm

But words like these would normally have to be trademarked as part of a logo

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