Companies / Aziende,  Dress ECOde’s lifestyle,  Fashion/Moda,  Vita da Dress ECOde

A bitter story for Audio-à-porter

Update May 2023

Why can’t you find the audio article? Because we can’t publish episodes of the podcast. After the European Office has recently confirmed the opposition, and therefore effectively inhibiting the use of “à-porter” in trademarks, the brand, not satisfied with the result, informs us through lawyers that Audio-à-porter has been used again for a podcast released on April 13 (https://www.spreaker.com/show/audio-a-porter). We need technical times for the transition, which we would like to live with necessity and not threatened by the launch of subsequent actions. Instead, we know that you, the reader, will be patient and you will soon find the episode uploaded. We are sorry and cannot understand the appropriation of “à-porter”.

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It was not easy to make this communication.
We don’t give up, but… A sense of powerlessness in the face of the arrogance of the bigger companies.
Is it right to appropriate commonly used terms? Why deal with so many small brands, when there is no remote risk of a real threat? Appropriating common words scares me.
We would like to make this story known. Thanks for your help.

I’ve waited a long time to post this message. Because it’s not easy to tell what happened and also because, since it’s something to do with lawyers, I had to wait before talking about it.

A few years ago Audio-à-Porter was born, the podcast connected to Dress ECOde, where you can listen to the audio articles, but also to live episodes. It’s an adventure that began three years ago now, but which, as you may have been able to see too, we’ve never pushed or promoted much. We have mentioned it, even when we say that the audio articles can be listened to, but we have always been very cautious. In fact, we have had many difficulties since the moment of registering the trademark. And this concerns above all the name.
I want to tell you this story. Not because we want to feel like a victim of something, but because to reason and I’m also interested in knowing what you think, if something like this has happened to you. And also, if you like, a little bit of venting something that’s been making me sick for the past three years.

The story is this. We chose this name, Audio-à-Porter, because it gives the opportunity to listen to audio articles wherever you are, and also because of the reference to Pret-à-Porter, which is a term used in fashion, as we are dealing above all with sustainable fashion. However, this name is not liked by a great giant of fashion and luxury, which sees the use of the “à-Porter” part in the name Audio-à-Porter as something that creates confusion with respect to their brand. The brand is Yoox Net-a-Porter.
Right from the start, they opened a legal procedure for which I also had to request the support of lawyers. And this, as you know, involves resources, including economic ones. Yoox Net-a-Porter in recent years is trying to assert its reasons for the fact that it is much better known than us. And also to many other brands that have tried to use the “à-Porter” part in their name. Yoox says we create confusion. You can confuse Net-a-Porter and Audio-à-Porter or other fashion brands that have used this part in the name. They also argues that, riding the wave of their success, it can bring us an advantage and instead cause damage to their image.
I remain very dumbfounded. From the beginning. When assumed, probably incorrectly, that “à-porter” could be used, but I don’t know, I’d also like to know what you think. It’s a commonly used expression, so I’m really amazed that it’s not possible to use it instead. I’ve seen a list of brands that have been stopped and therefore harmed by using this part in their name.
I am living and I have lived this story as a truly form of bullying, I have tried to defend myself in a legal battle over the years which, unfortunately, this August I found myself stopped. Because it is not economically sustainable. I have to stop, give up the Audio-à-Porter name. Because we don’t have the means to carry on a legal battle as much as a company like Yoox Net-a-Porter can. We will no longer be able to call our podcast Audio-à-Porter. We will communicate it in every way, but I am left with the fact that I had to give up this battle. It’s always this thing, this aspect of the little ones who find themselves having to succumb to the big ones, to the arrogance of the big ones. And I’m very surprised because so far even the judges have supported Yoox Net-a-Porter’s thesis. Even when a brand has managed, among other things dealing with something completely different, in a different product category, to win the case for using “à-porter” in its name. Yoox appealed and won. In the end, the judge actually agrees with Yoox because notoriety wins and therefore numbers win, the highest number of site users, the highest number of people who know the brand. In the end what wins is notoriety. In addition to the possibility of carrying on an economic battle.
In this I feel very heartbroken because I would have liked instead to make a different type of communication. I wanted to tell you that even if you are small you can be able to defend yourself against big giants. Among other things, a colossus concerning fashion in our sector.
I’m very sorry. We are therefore grappling with the search for another name. I don’t know if the transition will be easy, because Audio-à-Porter is now known this way. It will not be easy, even from a technical point of view, to transfer what has been done from one name to another. In the meantime, however, I wanted to share this with you too, because it really has been making me feel bad for years and also the fact of not being able to talk, advertise and talk about Audio-à-Porter in a free way hasn’t made me feel good at all this years.
Let me know what you think, if it happened to you too and above all if something can be done. Because today it is Audio-à-Porter, tomorrow it could be another word, another suffix, perhaps widely used in our language or in other languages.
Thank you if you’ve come all this way to listen. Thank you very much, I will let you know if there are any developments. At this point though, pulling ourselves back, I don’t think so. We’ll see what new name we could use for the podcast.

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