Hatters beware! American hatter threatens to sue over matches behind the ribbon!

[blueAZNmonkey]

Apparently it falls under "trade dess," which creates a brand identity .

I was very ineptly trying to search the trademarks, but could only find ones related to Fouquet's company name and logo.

Sadness... I wonder what would happen if Instagram accounts specified that matchsticks were placed in the hats by customers after purchase.

 

[Bob Roberts]

exactly ... I've never heard of this person or his hats and I've been putting matches in my ribbon for a long time

I stole if from some old Western movies my dad used to watch

is he going to sue the movie production studios as well now ?

Why not put drumsticks in yer hats? Or guitar pics or chopsticks or breadsticks? Wtf?

 

[Bob Roberts]

I also believe Arts case was totally different. His was a unique design created by him and permanently affixed and incorporated into his creative property. A matchstick is not.

 

[Frunobulax]

I absolutely agree, Fruno. I personally haven't seen it (yet), but I'm pretty curious to see the details. I live only 10 minutes walk from his shop, so I'll probably pay him a visit within a week or so

I would think it would inly be enforceable in the US. I doubt he has a trademark throughout the world. However, cutting off the US market is a big slice.


Sent directly from my mind to yours.

 

[Lean'n'mean]

exactly ... I've never heard of this person or his hats and I've been putting matches in my ribbon for a long time

I stole if from some old Western movies my dad used to watch

is he going to sue the movie production studios as well now ?

I doubt Fouquet is concerned with what hat owners wear on their hats but is however, with what other professional hat makers use, especially if it could lead to confusion or loss of sales............he is after all, only looking after his business interests.
Just to clarify......I'm neither a fan of Fouquet or his hats I'm just trying to look at it objectively.

 

[Lean'n'mean]

On the bright side, Holmskov unknown till now, has received some free publicity.

 

[moontheloon]

I doubt Fouquet is concerned with what hat owners wear on their hats but is however, with what other professional hat makers use, especially if it could lead to confusion or loss of sales............he is after all, only looking after his business interests.
Just to clarify......I'm neither a fan of Fouquet or his hats I'm just trying to look at it objectively.

I understand the situation ... my post was clearly oozing with hyperbole by making claims as ridiculous as his case

if he wants to take it that far maybe he needs to find a more original trademark ...or at the very least one that has not been used by countless people for decades

 

[blueAZNmonkey]

I doubt Fouquet is concerned with what hat owners wear on their hats but is however, with what other professional hat makers use, especially if it could lead to confusion or loss of sales............he is after all, only looking after his business interests.
Just to clarify......I'm neither a fan of Fouquet or his hats I'm just trying to look at it objectively.

I just don't think he could adequately support the argument that a Danish hatmaker is causing him a loss of sales. He's on the other side of the world in Venice, CA and his target demo appears to be celebrities and the rich. His hat prices are so high that people who want his hats care about the artist more than the product. LeBron James isn't surfing the web for "hats with a match in the bow" and choosing the Danes over Hollywood.

 

[blueAZNmonkey]

I understand the situation ... my post was clearly oozing with hyperbole by making claims as ridiculous as his case

if he wants to take it that far maybe he needs to find a more original trademark ...or at the very least one that has not been used by countless people for decades

As others have stated -- it's as ridiculous as trademarking a certain feather type or generic hatpin. Smacks of someone who cares more about branding than quality.

 

[Lean'n'mean]

if he wants to take it that far maybe he needs to find a more original trademark ...or at the very least one that has not been used by countless people for decades

Countless people yes but maybe not countless hat makers. If someone has the idea to copyright something, even if it's as ridiculous as an unlit match tucked into a hat ribbon/hatband, then the law is on their side.

 

[moontheloon]

Countless people yes but maybe not countless hat makers. If someone has the idea to copyright something, even if it's as ridiculous as an unlight match tucked into a hat ribbon/hatband, then the law is on their side.

indeed it is ... doesn't save it from being a ridiculously silly idea that screams ... my priorities are for s**t !!!

 

[Lean'n'mean]

As others have stated -- it's as ridiculous as trademarking a certain feather type or generic hatpin. Smacks of someone who cares more about branding than quality.

True, Nick Fouquet is a brand & his customers don't just buy a hat but a Fouquet 'creation' ....designer hats for the rich & famous, where the brand is indeed the most important thing.

 

[jlee562]

I'd have no issue with it if the matches were unique in some way, or if Fouquet actually originated the practice. Neither is true.

I realize law is not crafted according to what some rube like me on the internet thinks, but that's what internet forums are for!

The other analogy I thought of was Levis, they sued several companies over the shape of the embroidery on the back pocket, and infringing logos on a leather tab. Sure, Levis didn't invent embroidery, but they had their signature design.

 

[blueAZNmonkey]

True, Nick Fouquet is a brand & his customers don't but just buy a hat but a Fouquet 'creation' ....designer hats for the rich & famous, where the brand is indeed the most important thing.

Which is precisely why he couldn't prove nor, dare I say, substantively argue that a Danish maker in a different sales demo is costing him business.

 

[moontheloon]

I'd have no issue with it if the matches were unique in some way, or if Fouquet actually originated the practice. Neither is true.

I realize law is not crafted according to what some rube like me on the internet thinks, but that's what internet forums are for!

The other analogy I thought of was Levis, they sued several companies over the shape of the embroidery on the back pocket, and infringing logos on a leather tab. Sure, Levis didn't invent embroidery, but they had their signature design.

that falls in the logo category though ... not unlike a nike swoosh ... this is a friggin match for the love of Pete

hilarious

maybe if he whittled the wood himself and dipped his own phosphorus heads I would care at all about anything this guy does

just knowing about this situation makes me never even want to see anything he has ever touched

 

[Lean'n'mean]

Which is precisely why he couldn't prove nor, dare I say, substantively argue that a Danish maker in a different sales demo is costing him business.

Apparently he can if he's threatening to sue. Indeed, it would be more difficult for the Danish hatter to prove that he wasn't copying Fouquet, though the loss of business claim does sound surprising considering the different customer base but I suppose other brands such as Rolex could claim the same in regards to the counterfeits on the maket.

 

[V.C. Brunswick]

Wow.

I am reminded of an episode of Gordon Ramsay's Kitchen Nightmares where he visits a place called Cafe Hon (short for "Honey". The owner trademarked "Hon," which is apparently especially prevalent there in Balitimore. The local community was not happy and even started a boycott.

I already regarded Mr. Fouquet as something of a fraud. At least now that opinion is justified.

Also some years ago Pepsi tried to copyright the expression "Uh Huh" because they were using it in their advertising at the time. And supposedly Steven Spielberg tried to copyright the word "Nazi."

 

[Nobert]

No problem. Sombody just trademark posing in hats with a sultry expression while looking like Sully on Dr. Quinn Medicine Woman, then issue this guy a cease and desist.

 

[moontheloon]

Also some years ago Pepsi tried to copyright the expression "Uh Huh" because they were using it in their advertising at the time. And supposedly Steven Spielberg tried to copyright the word "Nazi."

hey ... Paris Hilton tried to trademark "that's hot"

how amazingly brilliant ...

 

[Lean'n'mean]

And supposedly Steven Spielberg tried to copyright the word "Nazi."

That's understandable.