Disputes often arise when a fashion designers parts ways with a cooperate manufacturer that has acquired proprietary rights in the designer's name. While courts are generally reluctant to forbid a person from using his or her own name, they will limit a fashion designer from using his or her name if such restraint is necessary to avoid confusion in the marketplace. For example, in one case a court prohibited Paolo Gucci, the former chief designer of Gucci and grandson of its namesake designer, Guccio Gucci, from using the name "Gucci" as part of any trademark or trade name. Paolo Gucci was allowed to use his name only to identify himself as the designer of the products sold under a separate name.
 |
| Source: moda-online.pl |
In a more recent dispute, Paul Frank Industries, Inc. ("PFI"), brought a trademark infringement action against its former namesake designer, Paul Frank Sunich, alleging Mr. Sunich's use of his name in the sale of T-shirts after he had left PFI violated PFI's trademark rights. Finding that PFI had spent significant resources marketing and advertising the now famous Paul Frank mark, the court enjoined Mr. Sunich from using his name in areas (such as clothing) where the public had come to associate to use of Paul Frank with PFI. The court also ruled that if Mr. Sunich identified himself as the designer of products in areas that the public did not associate with PFI, those products would have to bear a disclaimer stating that Mr. Sunich is no longer affiliated with PFI.
 |
| Source: en.wikipedia.org |
