Category Archives: retail

Rihanna wins rights to her image over Topshop

No, this isn’t about a tabloid newspaper controversy involving the rather racy Barbadian pop star. Instead it is about a recent High Court case where Rihanna took on the high street fashion chain Topshop over the use of unauthorised photos of her on their T-shirts.

The dispute centred on the issue of ‘passing off’, a fascinating aspect of Intellectual Property law due to the way it depends, not on some arcane legal technicality, but on what an ordinary person would think.

During my seven years working in the Business & IP Centre I have learnt that Intellectual Property can be immensely technical and complex, but also has aspects that rely on good old-fashioned common sense.

The test for passing off is quite simple, would an ordinary person think the item they are buying was either produced or authorised by someone other than who they thought it was. Wikipedia defines it as; The law of passing off prevents one person from misrepresenting his/her goods or services as being the goods and services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.

Not surprisingly the most frequent cases of passing off tend to involve household brands. In April Which? magazine conducted a survey that found ‘a fifth of Which? members have bought an own-label product by mistake because it looked so much like a big brand. They found more than 150 own-label products they thought borrowed elements of their packaging from branded competitors. Own-label ‘copycat’ products: can you spot the difference?

One of the most well-known involves the best-selling dandruff shampoo brand Head & Shoulders. They have taken numerous supermarket chains to court for producing own label shampoos which are too similar to the their brand. The supermarkets tend to mimic the shape of the Head & Shoulders bottle, their colours and font styles. Each time the supermarkets lose the case, they go back to their designers and make slight changes to their bottles, leading to another round of court action.

Head&Shoulders_vs_Boots

Next time you are in a supermarket, have a look along the shelves and see if you can see any ‘look alike’ packaging from own label brands. In my experience cereal boxes make for rich pickings. Put yourself in the shoes of the busy shopper (or in my case reluctant shopper) rushing along the aisles with only time to glance at the packages as they zoom past. It is all too easy to grab the ‘wrong’ one and drop it into your basket.

In the case of the T-shirt with Rihanna’s photo, the judge Mr Justice Birss said the “mere sale” of a T-shirt with an image of a celebrity did not automatically amount to passing off. But in this instance he thought that a “substantial number” of buyers were likely to have been deceived into buying it because of a “false belief” Rihanna had authorised it.

He said it was damaging to her “goodwill” and represented a loss of control over her reputation in the “fashion sphere”. It was for Rihanna not Topshop to choose what clothes the public thought were endorsed by her.

 

Anorak – now a cool brand and a Success Story

anorak_logo I have blogged in the past about the importance of using a ‘made-up’ name for your trademark, but there are other ways to establish a distinctive but protected presence in the market place.

I was recently helping a couple of customers in the Centre find some useful market research reports on home wares. In conversation I discovered they were the founders of Anorak, a company who make and sell ‘functional products inspired by the great outdoors’. I also learned that we had helped them along their journey to success over the last four years, so they qualify as one of our Success Stories.

For me, the story here is the ingenuity of taking a widely used slang term with negative connotations, and subverted it into something cool and trendy.

trainspotter

Source: http://commons.wikimedia.org/wiki/User:Mattbuck

According to Wikipedia the term anorak came from the Observer newspaper’s description of UK trainspotters, based on their preferred form of clothing. Allegedly members of this group often wore, the by then very unfashionable anorak jackets, when standing for hours on chilly railway station platforms noting down details of passing trains.

However according to the Guardian Newspaper’s Notes and Queries column, the term was was originally created by Radio Caroline Disk Jockey Andy Archer in the early 70′. He used the word anoraks on air, to describe the boatloads of fans who came out to visit the pirate radio ships anchored off the Dutch coast.

During the 1980’s it became a general derogatory term for a someone with an obsessive interest in unfashionable and largely solitary interests. 1980’s UK rock group Marillion called one of their albums Anoraknophobia, referring to the long running in-joke that Marillion fans were sometimes called freaks or anoraks.

isle of wight computer geek iow

www.theisleofwightcomputergeek.co.uk

In the United States the term geek or nerd is often used instead, but is not associated with a particular item of clothing as far as I am aware. The exception might be the wearing of large unfashionable glasses. The US based company GeekSquad have also attempted to exploit the label to their own advantage.

The word anorak is derived from Greenland Eskimo ‘anoraq’, used to describe a waterproof jacket, typically with a hood, of a kind originally used in polar regions.

I am aware that this post may be in danger of straying into anorak territory itself with this level of obsessive detail, so I will stop here.

 

Anorak_fox_mugAbout Us

Introducing Anorak. A British brand with its heart planted firmly in the great outdoors. Inspired by childhood camping adventures (in a bright orange campervan), Anorak’s founder and Creative Director Laurie Robertson uses striking silhouettes to bring a touch of fun and whimsy to homewares and outdoor lifestyle accessories.

From Kissing Rabbits to Proud Foxes, Anorak’s animal designs are bold, bright and a good deal less timid than their real life relatives. But looks aren’t everything, so the entire Anorak product range has function at its heart. The wash bags are wipe clean, the sleeping bags have leg room a plenty, the picnic blankets are light enough to carry on the longest of country strolls. So if you’re a fan of the great outdoors (even when you’re indoors) and think fun should follow function, remember to pack your Anorak.

Retail Trends – Online and Offline by Cate Trotter

Cate TrotterThe latest in Cate Trotter’s series of Trends workshops (see my previous posts on Key Trends for 2012, The Future of Online Marketing, The growing grey market in the UK) concentrated on Retail. In it Cate covered the rapid online developments, but also changes in bricks and mortar shopping, known as offline retail. She also explained how the smarter retailers are merging these two elements together to enhance both the online and offline experience for their customers.

Here are my notes from this highly recommended workshop:

Omnichannel retailing

  • Although the value of online clothing and accessories sales are predicted to double over the next five years, offline will still dominate with three quarters of overall sales.
  • There is a trend for online retailers to add a high street presence. Examples are FunkyPigeon, Made.com and ETSY.
  • The new Burberry flagship store on Regent Street is a leading example. It has a large screen showing live fashion events from around the world. And live music events held in the store are streamed onto their website.
  • Cate suggested using If This Then That or Hootsuite (which I have been using for a couple of year and can personally recommend) to manage multiple social media channels from one screen.
  • She asked the audience to review all their customer contact points and maximise buying opportunities for interested customers.
Burberry flagship store on Regent Street

Burberry flagship store on Regent Street

Mobile

  • Use of smart mobile devices is currently increasing at 35% a year, so all websites need to be made mobile friendly using tools such as DudaMobile.com.

Retail is everywhere

Social

  • Customers trust social media far more than advertising, for instance 90% trust recommendations from their peers.
  • Pinterest has now grown to 50 million users and is a great way to show products and designs.
    Pinterest_logo
  • This leads to an approach where products promote the brand which is a reversal of traditional marketing where the brand promotes the product.
  • Cate’s advice is to create remarkable products and services which your customers will want to promote through their social media networks.
  • An example is shops which offer free wi-fi enabling customer to take pictures of items and share them instantly online.

Speed and efficiency

  • The market is changing rapidly and social media trends show you where it is going. So monitor it using tools such as Google Trends or Editd.com.
  • Get your customers to choose what they want from you using funding sites such as Kickstarter.com.
  • Customers are demanding instant gratification to match delivery digital goods, so use services such as Shutl.com to deliver within minutes instead of days.
    shutl_logo

Customer experience

  • You can’t compete on price with the likes of Amazon.com, so develop an enhanced customer experience instead.
  • Be remarkable – be unique to compete.
  • For example the record company Rough Trade opened a record store designed to be a browsable experience rather than focussed on sales.
  • Look Mum No Hands sells and repairs cycles, but is also a trendy café for two wheeled fans.

A tailored experience

A personalised experience

  • Amazon.com has increased sales by 40% through the use of its recommendations system.
  • Dressipi.com uses customer driven fashion retailing to get the lowest return rate in the industry of just 10%.
    dressipi_logo
  • Cate suggested trying out Facebook’s recommendations plugin

 

Spring Market 2103 competition winners

In January we ran a competition to find designers and makers who have used the Library to develop their ideas, the prize was a day selling their products at our at our Spring Market on Monday 4 March 2013.

The winners of the competition also get training in running a market stall, free business advice through the Business & IP Centre, as well as marketing support from the Library.

I bought some great presents at last years Spring Market so am really looking forward to this one.

Spring Market winners 2013

Ali Miller
Ali’s handmade and UK produced homewares have a traditional, nostalgic feel with a twist of British quirkiness. Her vintage inspired work has been featured in the BBC’s Sherlock Holmes series as well as in notable publications such as Elle, Financial Times and The Telegraph. Ali has attended the Library’s ‘Make it, Sell it’ event and used our Business & IP Centre for research.
www.alimiller.co.uk

ali-miller


Anthropoid Clothing
Using her training as a scientific and natural history illustrator, Abigail Lingford creates bags, home wares, clothing and shoes inspired by her love of science. She was shortlisted for the BBC wildlife artist of the year in 2012 and has been featured in Time Out and The Guardian. She is inspired by our exhibitions, including ‘Out of This World’ on science fiction. She is also a user of our Business & IP Centre which helps her to commercialise her work.
www.anthropoidclothing.com

anthropoid-clothing


Boodi Blu
Upcycling has become increasingly popular in recent years. Boodi Blu’s Sarah Marafie has utilised this to create beautiful bespoke pieces of china and porcelain jewellery. The china she uses has been found buried or washed up on river banks, building an historical story to the jewellery. Sarah has used our Business & IP Centre to better understand intellectual property, copyright and to attend our ‘Knowing your Market’ workshop.
www.boodiblu.com

boodi-blu


Euan Cunningham
A professional artist, Euan has applied his ink and watercolour drawings of London landmarks to items such as greeting cards, mugs, t-shirts and prints. Euan was featured in the Sunday Times and his card designs are now sold in Fortnum and Mason. The Library’s building has influenced his work – watch out for the British Library print!
http://commissionahouseportrait.com/

euan-cunningham


Josie Shenoy Illustration
Josie is an illustrator and designer who is inspired by storytelling and has a passion for fusing hand-made and digital approaches. Josie’s success is growing; she has recently sold her work with Topshop and ASOS. Josie attended our ‘Make it, Sell it’ event and has enjoyed our exhibitions such as ‘Mughal India: Art, Culture and Empire’.
http://josieshenoy.com

josie-shenoy


Lisa Edoff
Swedish graphic designer Lisa Edoff creates beautiful products inspired by folk tales, nature, pop culture and the surrounding environment. She was directly approached by notonthehighstreet.com to become a partner and her products have been recommended by The Independent Magazine. Lisa has used our Business & IP Centre to attend our ‘Beginner’s guide to IP’ workshop, get one-to-one business advice and to network with other makers.
www.lisaedoff.com

lisa-edoff


Lucy Alice Designs
Lucy Porter has been creating gifts, cards, jewellery and homewares since 2011, all of which are influenced by her love of illustration and the British outdoors. Lucy was Runner up in the New Design Britain Awards in January 2012 as well as an exhibitor at MADE 12. Lucy has used the Library’s Business & IP Centre to research intellectual property and to create her business plan as well as researching British wildlife in our wider collections.
www.lucyalicedesigns.co.uk

lucy alice designs


Motties
Environmentally friendly Motties, are cosy and stylish slippers handmade from recycled leather materials. Alexa Mottram, the designer and creator of Motties, donates £1 from every sale to the homeless charity Emmaus. Alexa has received notable press coverage from The Independent, The Daily Telegraph and The Guardian. Her focus is on ethical fashion and she used the Library’s collection to research her MSc in Sustainable Architecture and Energy Studies, which has influenced her design work.
www.motties.co.uk

motties


Nette’ Leather Goods
Talented Californian turned Londoner, Johnette Taylor produces high quality leather goods such as purses, iPad cases and bicycle accessories. Her hand crafted accessories are made to last as well as being designed for functionality and attractiveness. In 2010, Johnette won a start up grant from the Prince’s Trust, and is currently a finalist in the Brand Amplify competition. She attended our creative and fashion meet-ups and training sessions on copyright and registered designs.
www.netteleathergoods.bigcartel.com

nette-leather-goods


The English Tee Shop
Alia Qadir designs and makes a range of luxurious printed t-shirts for women. Her emphasis on Englishness is central to the brand and can be seen through her use of the English language on the t-shirts as well as manufacturing her line solely in the UK. Alia has used the Library’s Business & IP Centre to do market research and has attended a trends workshop with our partner Insider Trends.
www.theenglishteeshop.com

the-english-tee-shop


Wonderhaus
Wonderhaus is an urban jewellery brand created by Julia Roy Williams. Julia gathers inspiration from urban environments, looking at architecture, music and other sub cultures and transforms this into beautiful jewellery made from materials such as bronze, leather, perspex and rubber. Julia’s jewellery has been recommended by The Sunday Times and Grazia as well as being seen on celebrities such as Erin O’Connor. Julia has been inspired by our exhibitions, including ‘Magnificent Maps’, our online gallery of images and our St Pancras flagship building.
www.wonderhaus.co.uk

wonderhaus

Spring Market 2013 competition: Made with the British Library

spring-market-comp-web-pageOur Spring Market in 2012 was such a success, we decided to run it again (surprise).
So if you are a designer or maker and you have used the Library to develop your idea, why not apply?

The prize is a stand at our Spring Market on Monday 4 March 2013 on the British Library Piazza in London. The Market is part of our Spring Festival and will show off the work of ten of the most innovative jewellery, fashion, homeware and craft designers who have used the British Library. If you have attended an event, used our Business & IP Centre, seen an exhibition or have a Reader Pass you are eligible to enter.

We have up to 5,000 visitors at any one time. You’ll be able to exhibit and sell your products to our visitors for the day, get experience and training in running a market stall, gain free business advice through our Business & IP Centre, plus lots of marketing and press exposure.

See the winners of last year’s Spring Market competition

Your prize

  • A market stall during the Spring Market. We will provide a stand, fabric covering and basic staging.
  • A workshop on how to dress your stand and gain the most out of the opportunity.
  • Your work featured on the British Library website.
  • We will promote your products via the British Library’s marketing channels including Twitter, Facebook, blogs and our website.
  • You’ll be included in a British Library press release sent to major national and local publications.

Competition criteria

We are looking for designers and makers who:

  • Produce fine art and photography, graphic art, jewellery, crafts, home-ware, fashion or other products.
  • Have been trading for at least six months in the UK.
  • Have a product range which has potential to make a fantastic visual display on a market stall.
  • Can sell the majority of products for around £30 or less (so that it is affordable for passing trade). Although it is fine to have a small range of high-end products to show the full range of your work.
  • Are able to attend the workshop for competition winners on Friday 8 February 2013.
  • Have used the British Library e.g. for events, exhibitions, our collections and Business & IP Centre.

How to enter

Complete our word document form and email it to springmarket@bl.uk by midnight on Sunday 27 January 2013.

Download the application form

Read our competition terms and conditions

Key dates

Midnight on Sunday 27 January 2013: Deadline for the competition
Friday 1 February 2013: Winners announced via email and on our website
Friday 8 February 2013: Workshop for the winners
Monday 4 March 2013: ‘Made with the British Library’ Spring Market

Eat Street is dead – Long live KERB – for the best street food in London

Kerb logoMy beloved Eat St. is no more. But this is a good news story as it has been replaced by KERB, and all the great pop up shops are still there at lunch-time, sandwiched between Kings Cross Station and the University of the Arts.

Since I last reported on this lunchtime wonder (The Apprentice hits the mark with gourmet street food) I have tasted the best burger of my life at Tongue ‘N Cheek, and the most incredible sandwich courtesy of Gurmetti.

tongue and cheek

Gurmetti

Now that I have wetted your appetite, perhaps I can interest you in the latest book to grace our Small Business Help shelves in the Business & IP Centre.

Another in the successful Dummies series, Pop Up Business For Dummies by Dan Thompson has condensed 12 years experience of using empty shops and managing pop up projects to provide an in-depth guide to devising, planning and delivering a pop up shop.

Whether you’re just starting out and want to test the viability of your business, or you’re an established business looking to expand your reach, pop-ups offer an exciting and flexible opportunity. They’re a great way to try new business ideas, experiment with a new product, location or market, gain exposure, and learn about your customers – all with limited risk and financial outlay.

Inside Pop-Up Business For Dummies, you’ll find:

  • Planning your pop-up venture – whether it’s a shop, studio, gallery, or community hub.
  • Finding the right space for you.
  • Negotiating with the landlord and sorting out the legalities.
  • Fixing up and fitting out your space on a budget.
  • Pulling in the punters – advertising and marketing your pop-up.
  • Managing a successful pop-up business day-to-day.
  • Closing up shop efficiently.
  • Lots of case studies, checklists, tips and hints from experienced pop-up people!

Pop Up Business for Dummies

 

 

Apple is the most successful brand in history because it is meaningless

ohyo_bottleDuring this years Global Enterprise Week I finally had a chance to catch-up with Guy Jeremiah one of our Success Stories.

Although his collapsible bottle was becoming a great success in the UK under the brand Aquitina, Guy was advised he should change its name before taking on the United States market.

Unfortunately Aquatina is quite similar to Aquafina, a brand of bottled water owned by PepsiCo. Naturally Guy’s advisor was concerned that the cost of going through the courts would bankrupt the business, even though he would win the case.

So a new name was needed for the brand, and the advice was to use a made-up word. By definition, no one would be able to claim ‘prior-art‘ with a newly invented name. After much experimenting Guy and his team came up with the name ohyo (pronounced yoyo).

We had a chat about the importance of the Ronseal (says what it does on the tin) approach to a name, versus the advantages of using anonymous name like ohyo. My feeling is that a descriptive name is great when you are starting out, such as Man and Transit Van. But you never really know where your business will go, or how diversified it will become. In which case your expressive name can become unhelpful. For instance Carphone Warehouse, is no longer a warehouse and doesn’t sell phones for cars.

In the case of Apple Computer, the name was effectively pulled out of a hat the day before it was needed for company registration. Its generic nature meant that once the Computer bit was dropped, the company was free to make anything they liked and stick an Apple logo on it.

According to Walter Isaacson’s recent biography of Steve Jobs, “I was on one of my fruitarian diets,” he explained. “I had just come back from the apple farm. It sounded fun, spirited, and not intimidating. Apple took the edge off the word ‘computer.’ Plus, it would get us ahead of Atari in the phone book.” He told Wozniak that if a better name did not hit them by the next afternoon, they would just stick with Apple. And they did.

You may notice a similar looking collapsible bottle at the checkout of you local Marks & Spencer branch, as ohyo have licensed their product to M&S.

ohyo_bottles

 

 

 

Inspiring Entrepreneurs: Forward-thinking Fashion

Tonight’s excellent Inspiring Entrepreneurs event looked at different approaches to ethical, environmentally-friendly and sustainable fashion.

Rather than seeing ethical fashion as an add-on, our speakers are taking advantage of new technology and practical innovative business models to make them more creative and also sustainable in the long-term.

Tonight was run in partnership with  London College of Fashion’s Centre for Fashion Enterprise (CFE) and Designer-Manufacturer Innovation Support Centre (DISC).

DISC-image

Christian Smith is Corporate Responsibility Manager at ASOS, and has an MSc in Environment and Sustainable Development from UCL. His work at ASOS includes measurement of greenhouse gas emissions, helping the company to understand its impacts and opportunities for improvement.

Annegret Affolderbach is designer and founder of Choolips, who revive  ancient textile traditions. She is passionate about sustainable fashion, and the exciting and potent future it presents for global fashion. Her range is now sold through the ASOS Green Room.

Annegret spent a year and a half after graduating collecting ideas on Post-It notes trying to work out how she could use her talent to make a positive difference to fashion in the world. She also felt the need to be inspired for her whole business career, rather than a short term goal.

Annegret spent another year travelling and listening, visiting the Gambia to learn about Batik, and how the local producers thought about their lives and impact on their local environment.

She was determined to create a product that would be harmonious to both the producers and consumers of the products, and started with just two simple dresses.

Electrobloom flowerMark Bloomfield with a background experience of designing wearable accessories for brands such as Vivienne Westwood, Matthew Williamson and Asprey, talked about developing his own jewellery business, Electrobloom.

This has been inspired by how the worlds of nature, art, technology and science collide, he produces unique jewellery designs using 3D printing technology.

Eleanor Dorrien-Smith is the founder of PARTIMI, and graduated from Central Saint Martins with a BA in Fashion and Print. She has worked for Mary Katrantzou, Tata Naka, John Galliano and Eley Kishimoto before setting up PARTIMI. After creating a capsule collection for US retailer Anthropologie, the PARTIMI ready-to-wear collection was launched in 2010. The PARTIMI collections are defined by striking prints, a distinctive personal narrative and an environmental edge.

The evening was chaired by Melanie Frame, Sustainability Manufacturing Developer at London College of Fashion (DISC). Melanie is part of the DISC project to support fashion manufacturers and designers to innovate their production process. Melanie has been involved in various sustainability projects helping small businesses to set up sustainable and ethical practices.

A question about the concentration on sustainable supply lines led to a fascinating discussion about the speaker’s views on what sustainable fashion means to them.

For Mark it was about recreating a made-to-order type of personalised shopping experience, which gives a more engaged experience for customers.

For Christian improving the welfare of the environment and fashion producers are an important new additional part of the business model, from the traditional success measures of company share price and market share.

He talked about how the Green Room at ASOS helps breakdown the enormous challenges of sustainable fashion into bite sized chunks, making it more manageable. Also telling the story behind the product is another way of engaging customers and staff.

He gave several examples of innovation and change:

The discussion ended with a transparent discussion of producer pricing and markups that are common in sustainable fashion.

My colleague Fran Taylor who organised the event has written an excellent review of the evening on her Creative Industries blog .

Could you be our new Jewellery Designer in Residence?

artquest-on-whiteWe have had our wonderful Inventor in Residence Mark Sheahan pretty much since we opened in 2006, and he has personally helped over 400 inventors.

More recently we have had our Entrepreneur in Residence Stephen Fear.

And now we are looking for a Jewellery Designer in Residence.

TattyDevine_Crystal_Crown_Necklace

Tatty Devine Crystal Crown Necklace

Together with Artquest we have just announced a new research residency for a mid-career London-based jeweller with at least five years’ practice.

This paid opportunity will help a designer take their work in a new direction, be inspired by the Library’s collections and gain business support.

The successful applicant will receive:

  • A bursary of £3,000 to develop (and potentially commercialise) a new body of work using material from the British Library collections.
  • Access to British Library collections and curators.
  • Access to business and intellectual property advice in the Library’s Business & IP Centre, which helps people to set up, run and grow their own business.
  • Marketing support in relation to their activity undertaken on the residency.

The deadline for applications is Monday 9 July 2012.

Maybe you could be the next Tatty Devine?

You can also contact Frances Taylor if you want to be involved in this, or our other projects targeting the library’s creative audiences.

The Apprentice hits the mark with gourmet street food

Lucky_ChipThis evening’s Apprentice shows the show’s researchers have their ears to the ground with regard to the latest trend in street food retailing.

Pop-up shops selling gourmet fast food is all the rage in the trendier parts of London these days.

Luckily the Kings Cross development area is just one such place, with its Eat Street, just up the road from the updated eponymous station, and literally across the road from the recently opened University of the Arts.

I have been lured over to this new venture on numerous occasions, despite the relatively high prices compared to traditional fast food outlets. But the food has always been worth it, with a notable spicy burger which had a real bite to it.

As was pointed out during this weeks Apprentice episode, branding is a key element of any enterprise, and some of the stalls in Eat Street certainly have memorable names. My favourites are Daddy Donkey, Well Kneaded Ltd, Yum Bun, Hardcore Prawn, and Eat my Pies.

tongue-n-cheekHowever, I think that Tongue ‘n Cheek needs to find a way make its delicious sounding underrated meat cuts and Italian inspired street food treats, such as Ox cheek with caramelized onions and polenta, a bit more accessible given the queue size I observed the other day.

These names certainly compare favourably to the Apprentice team’s choices of Gourmet Scot Pot and Utterly delicious Meatballs.

Update: August 2012: I’m now a regular at Eat Street as their days and stalls expand all the time. I’ve just had probably the best burger I’ve ever tasted from Tongue ‘n Cheek. It was their Heartbreacker Original burger, made from Ox heart and dry aged beef burger, spicy chimichurri sauce, water cress, cheddar and sour cream. And it tasted amazing.