Online trader’s battle with US giant over use of ‘shabby chic’

 
Lizzy Daly - Pic: Alex Lentati
Lindsay Watling21 August 2012

A Woman who sells vintage goods from her south London home is being threatened with legal action by an American brands company over the words “shabby chic”.

Lizzy Daly set up her online business shabbychicoriginals.co.uk, which sells inexpensive homeware including linen, candles, and picture frames, 18  months ago after she became unemployed.

But she has received a letter from the lawyers of Californian-based retailer Shabby Chic Brands, which says “shabby chic” is a registered trademark and orders her to change her company and domain names immediately.

The company’s brand name is owned by Los Angeles-based Brand Sense Partners (BSP) and Shabby Chic Brands pays for a licence to use the name.

Mrs Daly, 36, who runs her business from her house in Brixton with the help of husband John, is refusing to back down. She insists shabby chic is a commonly used generic term for furniture and furnishings with the appearance of age and signs of wear and tear and has applied for the trademark to be revoked.

She said: “To say it is not a generic term is ridiculous. Even boys who know nothing about interior design know what shabby chic means.

“I’m really hoping it gets resolved, but we are going to have to fight it if it does go to court — in for a penny, in for a pound. It is a bit of a David and Goliath battle — I’m just fighting the corner for the little person.”

Mrs Daly, who is due to give birth next month, said: “It has caused me a lot of stress but I’m trying to put on a brave face. Lots of money has gone into the name branding process and publicity. It is really important to stand up to them. It is entrepreneurism and they want to crush it.”

The “shabby chic” trademark was bought by Los Angeles-based Brand Sense Partners (BSP), which reinvented it as Shabby Chic Brands.

A spokesman said it would contest Mrs Daly’s attempt to have the trademark revoked. “The proceedings are at a very early stage and Mrs Daly is required to explain the basis for her claim.

“Our clients will vigorously defend any challenge to their trademark rights which they have built up over many years. It would be inappropriate to make any further comment about ongoing legal proceedings.”

Mrs Daly hopes to prove the phrase is part of everyday vocabulary, saying an online search revealed 200 articles containing the expression, only four of which related to the US brand.

If the parties cannot be reconciled, the matter will be decided in court.

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