Fashion law update: Collette v Colette

As widely reported in Australian print and television media, Australian fashion designer Collette Dinnigan has launched Federal Court proceedings against Colette Hayman and her company Colette Accessories Pty Ltd for misleading and deceptive conduct in the use of the name - “Colette”.

According to the Collette Dinnigan camp, Colette Accessories “signifies or represents, or is likely to signify or represent, to consumers in Australia” that it represents the Collette Dinnigan brand, and is seeking an order that they stop trading under the name Colette Accessories.

Collette Dinnigan is at the “pinnacle” of the Australian fashion industry, according to influential fashion writer and Editor of Harpers Bazaar Australia Edwina McCann, recently interviewed on a popular evening current affairs program. 

Her achievements are many, as a fashion designer and businesswoman. In 1995 she became the first Australian based designer to present a full scale ready-to-wear parade of fashion garments in Paris - fashion shows in Paris are strictly controlled by the Chambre Syndicate du Pret-a-porter. She won the Australian Designer of the Year Award in 1996 and the Award for Fashion Excellence of the National Retailers Association in 2008. She has an exquisitely appointed boutique in the Sydney fashion hot-spot William Street, Paddington and an equally lovely boutique in South Yarra.

In England, she has designed numerous ranges of lingerie for Marks and Spencer but in Australia she has almost no “high street” brand recognition.

Among the people who would be likely to shop at Colette Accessories, I would say she has limited brand recognition. She is, in fact,  so much at the pinnacle of Australian fashion that people who don’t shop at David Jones designer floor, or follow fashion seriously, would be forgiven for not recognising the label Collette Dinnigan. I tested my theory with a group of women aged in their 20s to 50s and true enough, a substantial proportion shook their heads quizzically and said - “who’s she?”

This in no way undermines her position as a leading Australian fashion designer who, in the early 1990s, was innovative and cutting edge, not so much for radical designs but for radically high quality. She has consistently produced high quality clothing of a certain style. Her trademark design features include sumptuous fabrics, beading and embroidery, and excellent workmanship including very fine seams and stitching of a kind not found on most Australian women’s fashions.

However, Collette Dinnigan does not have a broad range. She really only does formal wear and fine knits, with a very limited range in suiting usually in winter, and she pioneered fabulous limited edition lingerie made from silk satins and rare stretch laces sourced from France. There is no sportswear, no leisurewear and though her sub-speciality is lingerie, she has never to my knowledge ventured into swimwear.

Despite her admirable success, Collette Dinnigan just doesn’t have the broad exposure of many other Australian fashion brands.

Colette Accessories is defending against the claims, and appears committed to preserving its strong retail presence which, when the proceedings were commenced, included at least 19 locations including at the Sydney Central Plaza, 450 George St, Sydney, Melbourne Central, 211 La Trobe Street, Melbourne, 662 Hay St Mall, Perth and the Myer Centre, 91 Queen Street, Brisbane.

Colette with one “l” has fired back, saying that “the applicants have not developed any reputation at all in relation to accessories, under the name “Collette Dinnigan”, “Colette” or otherwise.” 

Colette has a point.

Although Ms Dinnigan's legal claim states that she has been involved in accessories and jewellery, a brief sashay through her store or franchise at David Jones reveals otherwise. There is not much to mention. Furthermore, though the mark Collette Dinnigan has been used in Australia in relation to jewellery since at least 2003, this has been in relation to high-end jewellery such as Autore Pearls, Swarovski crystals and Ellerston Gems.

The Colette Accessories outlets are brassy and tinselly, a kind of more flashy version of the successful Diva cheap jewellery chain. I feel that this undermines her argument that the very cheap jewellery and accessories chain Colette Accessories is likely to be confused with the expensive and very high quality of Collette Dinnigan. 

I am sure it must sting the South African born, via New Zealand, and now Australian fashion designer to hear her name - or a name very much like it - burst onto the malls of Australia’s big cities. 

Whether this is a sound basis for a legal challenge and attempt to shut-down the newcomer business is quite another matter. The claims that Colette Accessories is likely to mislead the public are the centre of the dispute.

I love Collette Dinnigan and have a number of pieces in my own wardrobe, and I am sorry to hear of this messy litigation. Collette could have, if she had wished, made the business decision to go mainstream in Australia, as she did in the United Kingdom. For reasons unknown to me, she did not.  Now, another Colette has done so.

I understand that the matter will be heard by the Federal Court in December, and it should be interesting.

In the meantime, do you shop at Collette Dinnigan or Colette Accessories? Let me know what you think about the likelihood of being confused by the two brands.