Bell Gully has advised on the successful resolution of a two-year intellectual property dispute between two New Zealand fashion designers.
Auckland designer Trelise Cooper and Arrowtown designer Tamsin Cooper have reached an agreement to bring to a close a high profile dispute, involving claims of trade mark infringement, passing off and breaches of the Fair Trading Act.
Bell Gully senior associates Garry Williams and Kevin Glover have been acting for Tamsin Cooper in relation to the High Court proceedings brought against her by Trelise Cooper Limited, a company associated with the fashion designer Trelise Cooper.
They were defending Tamsin Cooper's ability to trade under her own name.
This month the dispute was resolved by Trelise Cooper discontinuing the proceedings and abandoning oppositions which had been lodged against the "Tamsin Cooper" trade marks. Trelise Cooper also agreed that Tamsin Cooper has the right to continue to trade under her own name.
Garry Williams and Kevin Glover say both parties are pleased to have reached an amicable resolution.
"We are thrilled for our client that this matter has been successfully resolved, and that our client can continue to trade under her own name without restriction", says Kevin Glover.
Garry Williams says: "The trade mark oppositions have been dropped and the High Court case discontinued, so in our view this represents a comprehensive victory for Tamsin Cooper and a vindication of her position over the past 18 months.
"The nature of the settlement has also confirmed our view that this was a matter that should never have been in the courts", says Garry.