On registering trademarks in the US, Mr. Coblence warned, “In the US you cannot register a trademark unless it is used in federal trade. Furthermore, if you simultaneously register your trademark in the US for one product of a class and a second one, but sell only the first, be warned that by not selling your second you'll risk losing the trademark for even the first, no matter how broad its distribution.”
Also, avoid juxtaposition of your trademark with somebody else's trademark, as this may lead to dilution of your brand name which may put you in risk of your losing the trademark, added Mr. Coblence.
Coblence observed that the US is the only industrialized nation that does not recognize intellectual property of fashion designs (or of any functional object for that matter). As General Counsel of the CFDA, Mr. Coblence has drafted and introduced in Congress a Bill entitled "The Design Piracy Prohibition Act" on which he was already able to gather strong bi-partisan support.
Rathi Vinay Jha, Director General, FDCI, said, “This is an extremely relevant topic and of great interest to the designer fraternity. With an increasing number of designers going international and setting up sales operations in the US and other countries, it is important that they be made aware of the implications of IPR and other issues. This session has helped us create awareness on the rights and responsibilities of positioning Indian brands in the US market."
FDCI President and noted fashion designer, Ritu Kumar, said, "Until now, I thought that only Indian Copyright laws were antiquated. But the insights shared by Alain on the US laws have opened a Pandora's Box. I now understand why Indian designers find it so difficult to make an entry into the US markets."
Fashion Design Council of India
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