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Abercrombie Trademark Bully: Hollister vs. Hollister
© Cheryl Hodgson 2009 | Posted on April 27, 2009
Abercrombie has been threatening Hollister residents and users over use of their home town's name on clothing for years now. This borders upon the absurd and takes our trademark bully pulpit to new heights. We may start our own Wall of Shame.
Welcome to Hollister, California. . An idyllic town on the water's edge of the azure Pacific, where every teenager is blond, fit and owns two surf boards which they load into the back of their glimmering new Volkswagen Beetles. Everyone looks perfect, and to be honest, in Hollister, California - life in general is just perfect!
Or is it? Everything isn't always what it is cracked up to be in the world of trademarks, branding and monitoring of trademark rights. Doesn't someone from Hollister have prior common rights for the name in clothing prior to use by Abercrombie? Seems hard to believe not.
Hollister, California is an agricultural town of about 36,000 people, nestled among the rolling hills of a lonely stretch of California Highway 25. The town isn't even on the water. Local teenagers are most likely more attune with the hard work of farming, than with the intricacies of getting inside a gnarly curl.
The version of Hollister that harkens sun-drenched Barbies and Kens is a figment of the imagination of Abercrombie & Fitch marketing executives. The Ohio based apparel line started the surfer motif Hollister label in 2000. Since then the company has been trying to threaten locals of the REAL Hollister from using the brand on clothing.
"If they try, they would get a call and much more," said David Cupps, general counsel for Abercrombie & Fitch.
It is understandable from a corporate standpoint that you would want to defend a trademark you have registered, and has begun to create a following among young consumers. However, agressive tactics should only be used against an adversary you think you have priority rights over.
Unlike Europe, the United States allows a "prior use" argument under Trademark Law of the national Lanham Act. This means that, although someone may have registered a name as a federal trademark, you can move to have their registration canceled if you can prove YOU used the mark in commerce prior to the registrant.
One could argue that Abercrombie & Fitch has only been using the name Hollister since launching the apparel line in 2000. Moreover, San Benito High School has been using the name "Hollister" on sweatshirts, team jersies, T-shirts, swimsuits, etc., for decades. Thus, the community of Hollister could potentially file to have the trademark "Hollister" canceled based on prior use. Subsequently, the town of Hollister could apply for the trademark themselves based on a 1a [use] filing.
Thus, be careful Abercrombie - don't be the bully on the playground with nothing to back it up.
Oh - and one last thing. The San Benito High School mascot is the "Haybaler". You can't get much further from the "surfer dude" image than a "haybaler."
GO HAYBALERS!!!!!!!!!!!!!!!!!!!
Technorati Tags: Abercrombie & Fitch, brand equity, brand management, brand protection, Branding, california, haybaler, Hollister, surfer, Trademarks
4 Comments »
July 6th, 2010 at 1:43 am
The author Cheryle Hodgson, seems to be a little off base in tho thinking the Hollister Clothing came up with their name from the “town” of Hollister as an influence in name alone.
It’s clear Hollister clothing’s name came from the iconic surf spot in Santa Barbara county, Hollister Ranch. The not so secret spot that has been featured in surf films, surf magazines and various other media outlets throughout the years
is the prime influence for the name of Hollister Clothing. The author, most likely thinks a skeg a something you put a bandaid on.
Sorry Cheryl, spend a little time in the water , learn a little surf history and create a truely dynamic story.
Cheryl, I learned a few things in your story as well – thank you. Haybar’s huh, I didn’t know that.
Keep the blogs coming.
Check out Hollister Ranch history in surf culture, then you’ll know what I’m talking about.
~ALOHA~
October 26th, 2010 at 7:52 am
[...] the NYTimes suing over an old logo, Monster suing a company for a brand of beer called Vermonster, Abercrombie excluding other parties from using the name Hollister and Intel suing a Chinese travel agency over [...]
October 26th, 2010 at 8:00 am
Your comments are appreciated. Nonetheless, use of Hollister for surf clothing, whether derived from the town or the iconic surf spot, Hollister Ranch, also gives pause to wonder whether the mark is primarily geographically descriptive. If a word is primarily geographically descriptive, it is not allowed to be ursurped by one owner as a trademark.
November 11th, 2010 at 10:25 pm
What a bunch of nut jobs! Where has common sense gone? Trademark owners and even those who don’t own a valid trademark or trade dress, still try and squeeze the legitimate business that may be competition for them on the horizon, with litigation and expense tactics. The laws are written to protect these abusers. As one corporate president of a worldwide accessories company put it one day on the phone to me, “Anybody can sue a ham sandwich.” (His words truly!) A large infant shoe company, pediped footwear, does the same thing. Sends out vague but threatening C&D letters hoping to shut down any competition, legitimate or not. I have a business owner friend who received one last year and it was ridiculous! These companies look fantastic in the “public eye” and get accolades for their “contributions” but what the public does not know, is that they are really scheming trademark bullies who don’t want fair competition. They just don’t want any competition at all.