Aussie influencer Elle Ferguson continues to find herself chock-a-block in controversy just weeks after her sudden departure from Channel Nine’s hit reality TV show, The Block. Despite her attempts to avoid public backlash by deleting negative comments left on her social media accounts after leaving the show, Ferguson could not avoid the change she was forced to make to her company's tanning line, previously known as 'Elle Effect’.
The global digital influencer and entrepreneur started her self-tanning line in 2016 after failing to find a sunless tanning product that provided a flawless glow and was safe to use. It was only days after Ferguson launched her new line when Elle Effect reached international popularity after Kim Kardashian posted a photo of the sleek white tanning bottle to her Instagram Story.
So, why would Ferguson change her brand name despite its global success?
It is reported that the sudden change arose after Elle Magazine in the United States took issue with the name of the tanning line. This prompted the Bondi local to act by dropping one of the L's in the name and rebranding to ‘ELEFECT’. According to her representatives, the change proved necessary to ensure that the brand could go global and avoid potential trade mark issues.
A trade mark’s purpose is to distinguish between various products or services and ensures that a brand's uniqueness is preserved. Put simply, it provides brand protection. The magazine has long registered its trade mark - 'Elle' - in which they use as a badge of origin to sell their fashion and beauty magazine. In addition, the magazine owns a number of registered trade marks protected for various goods and services, including beauty products.
Elle Magazine taking issue with Ferguson's use of their trade mark highlights the importance of conducting due diligence before launching a new brand, as it can be a costly exercise to rebrand. At IP Partnership Lawyers, we offer a comprehensive search report for new brands to minimise the risk of trade mark infringement, passing off and misleading and deceptive conduct.
If you are looking at launching a new business or product, please feel free to contact one of our experienced solicitors so you, too, do not feel the effect of being on the receiving end of a cease and desist notice.
Contact us for Trade Mark Protection
Trade mark law is the best area of IP law that offers protection, strategy, and leverage. Here at IP Partnership Lawyers, our team of solicitors are experts in trade mark registrations in both Australia and internationally, and we also assist clients with trade mark oppositions and the removal of trade marks. Please see contact us to discuss further.
Disclaimer
This blog provides general information and is not intended as legal advice specific to your circumstances. Please feel free to seek our professional legal advice if you have any questions, concerns and/or queries.
