A Wren Says

You might have thought it was the person on the sideline of your kid’s game. Nope, it’s just a brand. Or rather that is what Coach, the brand part of Tapestry, Inc., would have you believe.

They are suing Gap Inc. for shirts sold at Old Navy with the word emblazoned on the chest. Tapestry has argued that by displaying the word in multiple fonts, Gap could confuse customers. People would see the shirts and think of the brand Coach. The legal argument that Gap could reasonably bring, based on insights from The Fashion Law, would be “ornamental use.” Mine, as a nonlawyer: You’re being ridiculous.

The product page I found for a sold out includes a matching set from their maternity line. Coach for the mom, and champ for baby. That to me makes it clear that the word use is in reference to the role of a coach. If however, the products were crisp white button downs with the word coach in smaller letters on just the left chest or on the back just underneath the collar, that would scream branding.

As much as I could go down the rabbit hole and ask if Tapestry has plans to sue youth leagues around the country, I’ll instead go here. Be mindful of what you choose to name your brand. If you choose to go with a common word in the language of your area, this will impact your ability to build and maintain your brand image. After all, if you make your brand name a common word in the language, can you reasonably expect people to not use the word at all?