KEY POINTS:
Tamsin Cooper yesterday spoke of her delight that a 20-month-long battle with Auckland fashion queen Trelise Cooper was over, with the pair reaching an "amicable resolution".
Couturier Tamsin hailed the "amazing" result and said she was relieved and elated after fearing the legal fight over the trademarking of
her name could sink her company.
The litigation had taken up a lot of time and "was like having two businesses," she said.
The David and Goliath battle started in November 2005 when Trelise Cooper lodged an objection to the Intellectual Property Office's decision to let Tamsin Cooper register her own name as a trademark.
The following March, Trelise Cooper filed a claim in the High Court at Auckland arguing their names were too similar and caused confusion for consumers.
Trelise Cooper is a fashion designer with an international reputation and annual turnover of $15 million, while Tamsin Cooper works from Arrowtown creating silk accessories and boutique clothing with a turnover of $250,000.
The pair met on Friday for the first time outside of a court and agreed continuing with the case was "not productive or beneficial and energies are better focused on building individual brands and their future success", a statement yesterday said.
No money was involved in the settlement, Trelise Cooper said yesterday.
Both parties felt media attention as a result of the legal battle meant customers had a better understanding of their respective brands.
Had the deal not been reached, Tamsin Cooper said she had been prepared to continue defending her trademark.
The decision meant she could focus on growing her business and had plans for an online store and expansion into Europe.
Her business, which was started in 2003, has grown from supplying 12 stores nationally to more than 100.
The "amazing"support she had received was what kept her going despite mounting legal fees and increased pressure.
She recalled fundraising evenings Queenstown supporters had set up for her and the street renamed Cooper in Arrowtown.
Trelise Cooper said she had instigated talks with Tamsin Cooper, about two weeks ago, as she did not want another year with a "negative focus"and wanted to come to an agreement.
She said she was happy to be moving on and was confident consumers recognised the difference between their brands.
"It is a win-win situation," she said.
Trelise Cooper said she had had significant support from the business community in Queenstown and nationally.
She was looking forward to focusing all her attention on further expanding her brand in the international market.
"We've managed to agree to disagree and move on. A lot of people thought they were buying a Trelise Cooper when they weren't and didn't understand that we were separate people with separate brands," Trelise Cooper said.
Tamsin Cooper had always argued that the two brands were different and Tamsin Cooper was her name.
When asked if she had received money towards her legal costs, Tamsin Cooper declined to comment on the "details of the settlement".
Her lawyer Garry Williams said this was a huge victory for his client.
He said the media had framed the issue as a David and Goliath story, which ran the risk of damaging the brands.
"We viewed it as something that should never have been in the courts, Mr Williams said.
"We're thrilled for Tamsin."
Fashion consultant Paul Blomfield said he would have liked to have seen the case go to court to set a local precedent.
"It's quite natural that people would feel that they have ownership over their family name but that doesn't necessary fit the business argument."
- additional reporting Otago Daily Times
