Advance Magazine Publishers Inc., the publisher of the global fashion magazine Vogue, recently filed an objection to a trademark registration by Gindi Israel 2010 Ltd., a subsidiary of Gindi Holdings group.
The objection, filed with the Israel Patent Office (ILPO), is directed at a request to register the mark “Vogue Gindi Sde Dov Tel Aviv” in a category that includes real estate services, property sales and management. The real estate project is marketed by Gindi Israel 2010 in Tel Aviv's Sde Dov neighborhood.
Advance Magazine Publishers, incorporated in New York and publisher of the magazine since 1892, notes that Vogue is a well-known trademark and an icon in the fields of fashion and lifestyle, and therefore deserves comprehensive protection.
It claims that the requested trademark is almost identical to the famous brand, with the dominant component in the Gindi Israel 2010 trademark being the name Vogue. Moreover, it is alleged that the real estate company even copied the brand’s copyrighted logo design, with only minor changes.
The opposition, submitted via attorney Dr. Shlomo Cohen, is based on claims of “misleading similarity” and “dilution” of Vogue's reputation. It is claimed that Gindi Israel 2010’s choice of the trademark was not coincidental, but rather intended to benefit from Vogue’s well-established reputation in bad faith and to attribute to the real estate project the prestigious and high-end image associated with the brand.
It is further claimed that there is concern the public will associate the iconic fashion brand with the Sde Dov real estate project and believe that Advance Magazine Publishers Inc. granted sponsorship, a license or is involved in a collaboration.
The opposing party notes that its areas of activity are diverse and not limited to publishing. It operates derivative brands such as Vogue Living (home design and architecture) and partners with other lifestyle brands.
It is also claimed that this strengthens the concern that consumers will assume the brand has naturally expanded into the field of real estate.
It is argued that registering the mark may harm Vogue’s reputation and prevent the company from expanding its use of the mark into real estate in the future. Therefore, the ILPO is asked to reject the real estate company’s application for registration.
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The two logos. On the left the 'Vogue' element submitted for registration
(from Vogue's application)
Gindi Israel 2010 is represented by Shibolet & Co. Law Firm and is expected to submit a response to the ILPO by January.
Attorney Yair Ben Shlomo — a commercial, IP and privacy lawyer at Dan Hay & Co law firm — who is not involved in the case, explains: “Registration occurs only after a publication period during which other parties can object. If a company uses the trademark during this period, it does so at its own risk and may be subject to legal consequences if an objection is filed. In practice, opposition proceedings often extend over a lengthy period, typically between nine months and a year or more, depending on the volume of evidence, the parties’ cooperation and ILPO's workload."
Gindi Holdings said in response: “After review by our lawyers, the matter is in process before the ILPO, and Gindi will respond as part of the proceedings.”