Corset Conquest: Battle of the Bustiers

• ShareThis Email PDF Print

DIVA is an iconic brand. Everyone in the business knows that it means our designs. Over the years, it's become one of the industry's well-known brand names. We have registered trade marks

(PRWEB) November 13, 2009

The long running battle between established fashion designer Tim Webb (and his company Modernmove Limited) with Agent Provocateur Limited is reaching its final stages.

The dispute is over rights to the trade mark DIVA. Tim Webb and Modernmove Limited are well-known in fashion circles, in the High Street and online at http://www.divacorsets.com for their DIVA brand of fashion corset, and other ladies clothing lines. "DIVA is an iconic brand. Everyone in the business knows that it means our designs. Over the years, it's become one of the industry's well-known brand names. We have registered trade marks," said Tim Webb.

When Agent Provocateur refused to stop selling corsets under the same brand name and remove sales material from their website, Modernmove Ltd trading as DIVA went into battle by issuing High Court proceedings claiming an injunction, damages and costs on grounds of registered trade mark infringement and passing off under Claim no. HC08C01602 in the Chancery Division of Intellectual Property Rights in the High Court.

Agent Provocateur fought the case tooth and nail at every stage, defending and counterclaiming for a declaration that the DIVA trade marks were invalid. "It was fought every step of the way on both sides," said Tim Webb.

The High Court trial was due to start on June 22, 2009, but just 6 weeks before the start date, the proceedings were brought to an end by Agent Provocateur agreeing to give undertakings not to use DIVA in relation to corsets and other items of ladies' lingerie, and to pay substantial damages and costs. "We were ready to fight the trial," said Tim Webb, "but they blinked first!"

References to DIVA ladies clothing no longer appear on the Agent Provocateur website and although the assessment of the substantial legal costs that will be payable by Agent Provocateur to Tim Webb and Modernmove is not concluded, the effective proceedings have ended.

"We won the war!" said Tim Webb. "When it comes to ladies' fashion, there is only one DIVA and it is our brand. We take all necessary steps to protect our intellectual property rights against incursions. We won the Battle of the Bustiers!"

Tim Webb of Modernmove Limited can be contacted at 0207 323 4535 or by email at tim (at) divacorsets (dot) com.

###

Share: