Salon owner forced to re-brand business after row with Lush (From Bournemouth Echo)
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Salon owner forced to re-brand business after row with Lush
9:17am Wednesday 17th October 2012 in News By Katie Clark
Salon owner forced to re-brand business after row with Lush
A CHRISTCHURCH salon owner has been forced to change the name, website and signage of her business after months of legal wranglings with cosmetics company Lush.
Carole Traylor, 55, opened Lushh Hair and Beauty salon in Lymington Road, Highcliffe last year after researching names for the premises.
But two months after the salon opened she received a letter from the Poole-based cosmetics brand telling her she couldn’t use the trademarked name.
After contacting a solicitor who wrote a reply to the global business, Carole thought the matter had been dealt with until Lush replied a few months later saying they were prepared to serve court papers on her if she didn’t change the name.
“I couldn’t believe it,” she said.
“I thought, as we hadn’t heard from them in a few months it had all gone away. We’re just a small business – not a threat to their global business.
“Our lettering, style, colours are totally different to them. And there are so many other places called Lush as well – why target us?”
She requested a licence from the worldwide company to use the name, but Lush responded with the threat of a court summons.
“I have now signed an agreement offering up all of our literature with our name on it and given them our website and promise to cease to use the name ever again.
“We are removing the sign from the shop and replacing it with a new one – TD2.
“The whole thing has cost me several thousand pounds in solicitor’s fees. We’ve been told we’ve got a strong case and it could go either way but if we proceeded they could go after my profits.
“What they’ve done is ensure that this year we will see no profits, only losses.
“We’ve now got to start from scratch effectively and a lot of people will think we’ve gone bust.
“They’ve taken a sledgehammer to crack a nut.
“I’m just an ordinary person trying to build up a pension to retire on.”
A Lush spokesperson commented: “Lushh Hair and Beauty was brought to our attention by a member of the public who thought it was us. We invest a great deal of time and money promoting our brand and need to take steps to prevent the unauthorised use of our name by others, so that our customers are not misled.
“Unfortunately, we were unable to resolve our differences with the salon without more formal legal measures.”
Comments(48)
Fab BamBam
says...
9:36am Wed 17 Oct 12
rudolph_hucker
says...
9:36am Wed 17 Oct 12
Duckorange
says...
9:36am Wed 17 Oct 12
HULSH, for all your beauty needs. HULSH.
jeebuscripes
says...
9:37am Wed 17 Oct 12
She researched names. Why did she call it Lushh? Why add the extra h?
She is the one who named it Lushh.
Chriswood
says...
9:43am Wed 17 Oct 12
lovethecommentssection
says...
9:47am Wed 17 Oct 12
Ridiculous. If the sum total of her 'research' means she adds an extra letter to a well established company name and claims it as her own, all I can say is that I hope the quality of the haircuts being offered is where her talents actually lie.
Humf
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9:54am Wed 17 Oct 12
There are more and more cases in Dorset of people being unable to take responsibility for their own actions, maybe an Echo investigation is required to find out why there are more and more stories of "it's not my fault" !
Ten out of ten for the picture though, an advert for a beauty salon if ever i have seen one.
gerbil112
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10:19am Wed 17 Oct 12
BournemouthMum
says...
10:58am Wed 17 Oct 12
gerbil112 wrote:Not really. The point is that Lush are a well known brand and manufacture beauty products - this is a beauty salon so it's possible that potential customers could think that they were associated. Apple windows/conservatori
Hope no one trademarks pub names or there'll be mayhem! Only one Kings Arms in the whole of the UK? How about Apple Conservatories, maybe I'll pop in and try to buy an iPad, then report them to the "other" Apple company and stand back and see what happens... LUSHH, as a beauty salon cannot be misread in any way shape or form as LUSH (without the extra "H") smelly bath bombs and soaps. Total overkill by "big" business.
es on the other hand wouldn't be associated with ipads/phones because it's a completely different type of company.
As for pub names, they are mostly spread throughout the country, if someone opened a King's Arms in the same town there would obviously be problems.
She didn't do much research in choosing a name did she? And her new name sounds awful.
Ivan Opinion
says...
11:05am Wed 17 Oct 12
Duckorange wrote::) that has added a certain light hearted touch to it all...
Don't waste those letters! Simply change the business name to "HULSH".
HULSH, for all your beauty needs. HULSH.
BmthNewshound
says...
11:15am Wed 17 Oct 12
.
I can only hope that for her sake that she researched her business plan more thoroughly than she did her business name. Poor research and planning is the reason so many small businesses don't survive the first couple of years.
.
Or was this all part of a cunning plan by Ms Traylor to get some free publicity for her business ?
Mamma Troll
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11:25am Wed 17 Oct 12
Justin666
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11:34am Wed 17 Oct 12
jeebuscripes
says...
11:51am Wed 17 Oct 12
"Salon owner forced to re-brand business after row with Lush"
What row is there? She broke trademark law. That's it.
HRH of Boscombe
says...
12:10pm Wed 17 Oct 12
.
I agree with The Liberal. Why would you want to be associated with a shop that makes you choke anywhere near it?
Tachikoma
says...
12:28pm Wed 17 Oct 12
Just proves to me that Lush is a typical over hyped say one thing and do the opposite company.
I hope that people who support Lush start to wake up and realize that this company is not all it seems or claims to be.
Mamma Troll
says...
12:36pm Wed 17 Oct 12
apop3d
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12:51pm Wed 17 Oct 12
Michelle89
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12:58pm Wed 17 Oct 12
She did look into using the names 'blush and plush' and many more but Lush cosmetics have trademarked ALL names with the word 'lush' in so we were unable to do so
pete woodley
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12:59pm Wed 17 Oct 12
HRH of Boscombe wrote:Not very nice people,in any case.Lush themselves,are not worth bothering about.
Just add a P and call it Plush.
.
I agree with The Liberal. Why would you want to be associated with a shop that makes you choke anywhere near it?
polblagger
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1:10pm Wed 17 Oct 12
Why would you open a new business with the name of a multi-national and think it's ok?
Only a complete moron would think that this small town hairdressers was anything to do with a massive countrywide chain.
Both parties, idiots.
scrumpyjack
says...
1:14pm Wed 17 Oct 12
HRH of Boscombe wrote:Genius
Just add a P and call it Plush.
.
I agree with The Liberal. Why would you want to be associated with a shop that makes you choke anywhere near it?
Daffodil2
says...
3:25pm Wed 17 Oct 12
pete woodley wrote:Just exactly what are you basing your comment on Peter? Do you know them?
HRH of Boscombe wrote:Not very nice people,in any case.Lush themselves,are not worth bothering about.
Just add a P and call it Plush.
.
I agree with The Liberal. Why would you want to be associated with a shop that makes you choke anywhere near it?
Daffodil2
says...
4:01pm Wed 17 Oct 12
Lushare legally and morally bound by their ethics whereas TD2 probably aren't and are using shampoos/products that have been tested on animals etc.
As for the smell - that is a personal preference. Whilst I am far from being a veggie, I hate the smell of raw meat but wouldn't condemn a butcher shop because of it.
Lush have brought employment not only to this area but also worldwide, particularly in poorer countries.
This country (and yes this forum) likes nothing better than knocking down the 'boy what done good'.
Do I work for Lush? No I do not. Would I work for Lush? Absolutely.
4FoxAche
says...
5:25pm Wed 17 Oct 12
Surely it must have crossed the woman's mind that there might just be a tiny problem with that, especially if you're based just down the road...
She should consider herself lucky not to have ended up in court. The Lush legal department seem a bit heavy handed though. I have a customer who had a similar experience with them... Still, it could have been worse... They might have just gone to court anyway and got their costs awarded and everything, then the name would stilll have to be changed.
Lush didn't just spring up into a multi-national success story overnight you know. This will probably be the result of years of hard work and sacrifice.
Ms Traylor, if the boot was on the other foot and having spent years building up your business so that you had a chain of salons all doing very well, what would you do if someone started a tanning business (for example) in Poole called Lushhh? Not a beauty salom, but in the same sort of industry... I'm sure you wouldn't just sit back, wish them good luck and let them get on with it... That's your reputation they are playing with, potentially. If they have a disatisfied customer, word could spread that Lushhh is rubbish... Then what?
Oh, and well done Echo... Another story that doesn't make sense... She says she has a strong case, but it could go either way... Well, that's not a strong case, now is it?
As for Lush ensuring that you don't make a profit this year... Sorry Ms Traylor, you have done that entirely by yourself for calling you salon Lushh...
Ian_Steel
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5:59pm Wed 17 Oct 12
It seems as though they have gone after an easy target just for the sake of it.
jonheat1
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6:55pm Wed 17 Oct 12
pete woodley
says...
7:34pm Wed 17 Oct 12
Ian_Steel wrote:Come on Ian,you must not upset Daffodil2,she will want to see your qualifications for making a comment.
If Lush (hand made cosmetics) are that bothered about their name then why are there other companies and beauty salons & hairdressers of the same name? Which blatantly do not have anything to do with Lush (hand made cosmetics)
It seems as though they have gone after an easy target just for the sake of it.
GAHmusic
says...
9:36pm Wed 17 Oct 12
jonheat1 wrote:The machines all have hands
lush products are mixed by a machine, so how are they HAND MADE!!!!! .
mumble
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9:37pm Wed 17 Oct 12
Michelle89 wrote:If you've got a good name for your business - you trademark it - that's just basic common sense. The salon owner may have done a lot of 'obviously not very good' research, but I don't hold out much hope for any business if having received a legal letter from a global company thinks that it will 'all go away'.
I work here, We have changed the name of the salon to Temple Douglas2,'TD2' for short. Carol has done very well for herself in the last year now owning 2 successful salons! alot of our clients have found this confusing and think we have gone bust as the name has been changed,
She did look into using the names 'blush and plush' and many more but Lush cosmetics have trademarked ALL names with the word 'lush' in so we were unable to do so
To add one letter and a few dots to an existing brand name, shows a lack of imagination, of all the brilliant puns on hair and beauty she could have chosen, she's gone for something that sounds like an Estate Agents.
I think I'll start a clothes stall and call it Marks and Spencersh...........
thevisitor
says...
11:11pm Wed 17 Oct 12
Son of Bad Rabbit
says...
6:17am Thu 18 Oct 12
*
And yet locally we tend to want to spit on Lush...
*
Have we really become so spiteful and mean-spirited as a nation that any success is worthy of condemnation?
*
How many other businesses from Bournemouth, Poole and Christchurch have achieved that level of success?
Daffodil2
says...
10:40am Thu 18 Oct 12
pete woodley wrote:Still havent answered the question though have you Pete!
Ian_Steel wrote:Come on Ian,you must not upset Daffodil2,she will want to see your qualifications for making a comment.
If Lush (hand made cosmetics) are that bothered about their name then why are there other companies and beauty salons & hairdressers of the same name? Which blatantly do not have anything to do with Lush (hand made cosmetics)
It seems as though they have gone after an easy target just for the sake of it.
Daffodil2
says...
10:40am Thu 18 Oct 12
pete woodley wrote:Still havent answered the question though have you Pete!
Ian_Steel wrote:Come on Ian,you must not upset Daffodil2,she will want to see your qualifications for making a comment.
If Lush (hand made cosmetics) are that bothered about their name then why are there other companies and beauty salons & hairdressers of the same name? Which blatantly do not have anything to do with Lush (hand made cosmetics)
It seems as though they have gone after an easy target just for the sake of it.
carlspurg
says...
11:41am Thu 18 Oct 12
''No"
''You know,that salon''
"Aah,TD2"
pete woodley
says...
1:33pm Thu 18 Oct 12
Daffodil2 wrote:I do not have conversations with juveniles.Nor do i have to justify any comments i make especially to kids.Others have made comments same as mine why do you not question them,or has mummy told you what to say.
pete woodley wrote:Still havent answered the question though have you Pete!
Ian_Steel wrote:Come on Ian,you must not upset Daffodil2,she will want to see your qualifications for making a comment.
If Lush (hand made cosmetics) are that bothered about their name then why are there other companies and beauty salons & hairdressers of the same name? Which blatantly do not have anything to do with Lush (hand made cosmetics)
It seems as though they have gone after an easy target just for the sake of it.
Daffodil2
says...
1:58pm Thu 18 Oct 12
pete woodley wrote:Well, as a grandmorther, I must be the oldest kid on the block. This last comment of your Pete, just highlights the fact that your comments regarding other people are not based on knowledge or fact but on assumptions that you have made.
Daffodil2 wrote:I do not have conversations with juveniles.Nor do i have to justify any comments i make especially to kids.Others have made comments same as mine why do you not question them,or has mummy told you what to say.
pete woodley wrote:Still havent answered the question though have you Pete!
Ian_Steel wrote:Come on Ian,you must not upset Daffodil2,she will want to see your qualifications for making a comment.
If Lush (hand made cosmetics) are that bothered about their name then why are there other companies and beauty salons & hairdressers of the same name? Which blatantly do not have anything to do with Lush (hand made cosmetics)
It seems as though they have gone after an easy target just for the sake of it.
You obviously do not know me and you also obviously do not know the owners of Lush either. Ergo your comments are unfounded and consequently irrelevant
CourtOffside
says...
3:00pm Thu 18 Oct 12
Inconsiderate ******** with no community responsibility. Hope they go bust.
pete woodley
says...
4:32pm Thu 18 Oct 12
Dorset Logic
says...
4:35pm Thu 18 Oct 12
I believe Jif is freed up again as is Marathon or Spangles
Mike Pickering
says...
5:08pm Thu 18 Oct 12
pete woodley
says...
5:26pm Thu 18 Oct 12
corsa83
says...
6:27pm Sat 20 Oct 12
although lush were obv within there rights to defend there name and brand i think the way they went round it is kinda bad could have been handled abit better
as for all those comments saying bad things about the salon owner well your just immature people that cant just say well done to a local business owner that has got a successful business that employee's people from the local area helping to bring money into the local economy the salon owner should be a example to everyone and not be belittled
i guess some people would rather sit there and make useful members of society feel bad for doing good things rather than getting out there and doing what Ms Traylor has done
milc100
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11:03pm Sun 21 Oct 12
PINKDEEDEE
says...
2:16pm Mon 22 Oct 12
PINKDEEDEE
says...
2:16pm Mon 22 Oct 12
Dibbles2
says...
10:01pm Mon 22 Oct 12
thevisitor wrote:Google Teedeetoo! It comes up with pedigree dogs pmsl.
Hang on, there is a shampoo manufacturer in Ferndown called TeeDeeToo......think it's owned by drugs giant Paxo Smiff Climb watch out Mrs here you go again.
The Liberal says...
9:29am Wed 17 Oct 12