IP strategy for a children's clothing brand
The brand: Wombat
Impressive sales, customer retention, staff training and development, unique business systems and an innovative approach to design and style have given Wombat an enviable position in the Australian clothing industry. All Wombat stores have the same distinctive look and feel; this shopping experience is part of the overall brand.
The strategy: leave no stone unturned
Clair's IP portfolio incorporates her Wombat brand, her Harry Potter label, her designs (although these are not officially registered with IP Australia) and her innovative business systems.
'My strategic approach to IP includes management of my design process', Clair says. 'All of Wombat's clothing range is designed and developed in house and the range is then contracted to various manufacturers, under tight secrecy agreements. By managing Wombat's IP in this way, Wombat maintains control over design, but dispels with the expense of maintaining a manufacturing house'.The challenge: trade mark dispute
Clair's company Stepsam Investments is engaged in a trade mark dispute with Time Warner Entertainment Company.
Clair began selling the Harry Potter clothing range through Wombat stores in 1994 - before the publication of JK Rowling's Harry Potter books and the production of the Harry Potter movies by Time Warner.
To protect its rights in the Harry Potter name, Stepsam Investments applied in February 1998 to register it as a trade mark for clothing and related accessories. The application was accepted by IP Australia, but Time Warner filed proceedings to oppose that application's proceeding to registration.
Clair's position is that she has clear and prior rights to the Harry Potter name in respect of clothing and related accessories in Australia and intends to vigorously defend them.
Last Updated: 15/9/2012
