Chanel takes steps against the re-use of its buttons

Chanel

Chanel considers that taking its buttons and refashioning them into jewellery amounts to trademark infringement. Indeed, Chanel considers that accessory company Shiver + Duke is misappropriating its registered interlocking “C” monogram trademark and its Chanel wordmark in order to create and market jewellery that draws and relies on the selling power and fame of the Chanel marks. 

Shiver + Duke is using authentic buttons bearing the CC monogram (that are not originally intended to be used other than on Chanel’s authorised clothing) and putting them on chains, earrings, and bracelets, which they then offer up for sale. Chanel considers that in doing so, the jewellery company is trading on the goodwill of Chanel, by unlawfully using its trademark and selling the pieces without authorisation. To consumers, there is no distinguishable difference between the appearance of these jewellery pieces and Chanel’s original products, and this is where the problem lies.

After receiving a cease-and-desist letter from Chanel, it seems that the jewellery company took some steps in order to ensure differentiation: new product packaging that described Shiver + Duke’s jewellery as Reimagined and Reworked; a statement that the jewellery is an original design of Shiver + Duke made from authentic buttons; addition of the SD SHIVER + DUKE markings on the backs of the CC monogram buttons… But these actions were not deemed as enough for Chanel.

Chanel is seeking monetary damages, as well as injunctive relief to immediately and permanently bar the defendants from making, marketing, and selling the jewellery – or more broadly, using the Chanel trademark.

Fun fact: all jewellery pieces using the Chanel buttons are currently unavailable on the website of Shiver + Duke.

Source:
text and photo: European IP Helpdesk