Highland businesswoman wins David and Goliath legal battle with New York TV company Fashion TV over Highland Fashion Week trademark
FOLLOWING a three-year David and Goliath legal battle a Highland businesswoman has emerged as the victor.
It started when Grace Hay’s mother bought her a trademark – Highland Fashion Week – but before she could make any use of it she was hit with a notice stating she had infringed the copyright of a major New York TV company’s own brand.
That was way back in September 2016 and the 34-year-old, who runs Grace Lily Lingerie in Nairn High Street, feared she would have to face court action from Fashion TV.
The organisation had opposed her registration of Highland Fashion Week because it was felt it was too similar to its own Fashion Week brand.
However Miss Hay, who lives in Ruisaurie, Beauly, found out last week that her case had been ruled in her favour which means she is now free to use the name as a way of promoting the Highlands.
When she first heard about the challenge she was surprised.
“We put forward our evidence saying ‘it was pretty ridiculous – there must be 100s of fashion weeks’,” she said.
“I was pretty daunted about how it would pan out, I was thinking they were going to have big lawyers compared with us doing it ourselves.
“We were speaking with the trademark office. We weren’t frightened but we were daunted.
“We didn’t think we would be successful, we thought they’d win because they had more resources behind them.
“If it had gone to court, and I lost, I’d have had to pay their fees – that was a big worry in itself.”
Miss Hay, who used to trade in Beauly, said: “I am looking forward to being able to use the name and doing something positive with it.
“I want to do something good for fashion in the Highlands.
“The Highlands has got so much to offer but sometimes it is not showcased in the best way. I am looking forward to being able to do that.”
Although she has no definite plans in place yet, she is hoping to organise Highland Fashion Weeks, probably in January and September 2020.
She said that she was sorry her mother Caroline, who has since passed away, was not here to see her success in the case.
“It was my mother that bought me the trademark and she helped me with the evidence,” Miss Hay added.
No-one from Fashion TV was available for comment, as the Courier went to print.
