Can You Rent the Prada Brand Name?
By: DEAN R. KARAU
October 2009
According to Avelle’s website, located at https://www.bagborroworsteal.com/,
“Clients of Avelle are given unprecedented access to the world’s largest collection of authentic designer handbags, jewelry, sunglasses and watches. You can enjoy the hottest styles from the most talked about names - for a week, a month, an entire season.
“Our trend-setting approach to borrowing designer fashion has made us the talk of The Today Show, Access Hollywood, The Early Show, In Style, Vogue, People Style Watch, The New York Times and countless other media outlets.”
Can this company really do this? At the moment, probably yes.
But you can bet the IP attorneys of the world’s famous designers are working overtime trying to figure out a way to nip this one in the bud. A non-transferable license agreement with each item, precluding this kind of temporary transfer? Maybe just a claim of likelihood of confusion based on use of the these marks in connection with a rental service? Could there be a dilution claim around the corner, based on the “fame” of the marks?
If the IP attorneys can figure out a way to stop this company’s rental business, maybe the U.S. auto industry can use the idea to generate a new revenue stream – of course, the product has to be something that someone really, really wants.
Stay tuned fashionistas. This will be interesting.