Stones crush Aussie label in trademark battle

A small Aussie fashion label has lost a trademark fight against The Rolling Stones after it used Mick Jagger’s surname in its brand name.

Influencers Em Davies, Tammy Hembrow and Lily Brown wear outfits by Jagger and Stone. Picture: Instagram

Legendary rock band the Rolling Stones has won a trademark battle against a small Australian fashion label for using Mick Jagger’s surname.

Queensland-based Jagger & Stone was found to have acted in “bad faith” when trying to register the brand name.

The label, which is owned by Lucy Jackson and Nikki Westcott via company We the Wild Ones Pty Ltd, was launched in April 2018 and sells festival fashion for young women.

The pair made an application in 2018 to register the name as a trademark, which was quickly opposed by the Rolling Stone’s company Musidor B.V. on the grounds it was an attempt to trade off the name of the band and its legendary frontman.

Rolling Stones frontman Mick Jagger. Picture: AFP

It was alleged the name was described as deceptively similar to existing trademarks, likely to cause confusion or deceive and had been filed in bad faith.

Ms Jackson claimed the name Jagger & Stone did not relate to the Rolling Stones or Mick Jagger but rather reflected the personalities of herself and Westcott.

“I am considered to be the ‘Jagger’,” Jackson claimed.

“Urban Dictionary defines ‘Jagger’ as “psychotic demi god that you should not get on [their] bad side, he/she will mess you up big time” … Being the aggressive determined half of the duo, this is a word that I am often referred to by friends.

“The reference to ‘Stone’ is more of a symbolic meaning and represents Nikki’s personality and characteristics in being ‘grounded’, ‘stable’, ‘down to earth’, and the ‘rock’ of the business. The symbolism of a stone centres on the ideas of endurance, stability and permanence.”

Registrar of Trademarks delegate Katrina Brown found the We the Wild Ones pair had acted in bad faith when wanting to register the name, citing a series of Instagram posts not included in their submission.

Two models wear outfits by Jagger and Stone. Picture: Instagram

A model wears an outfit by Jagger and Stone. Picture: Instagram

“After the filing date, the Jagger & Stone Instagram account featured the trademark with images of models posing in front of electric guitars and on top of amplifiers, and signs proclaiming, ‘If the music is too loud you are too old’,” Ms Brown said. “The applicant has provided no explanation for this conduct. Nor does there seem to be any obvious reason why the applicant would need to associate its clothing with being in a band, loud music, or electric guitars and amplifiers.”

Ms Brown said an inference could be drawn that “this use was designed to further the association between the trademark and the reputation of Mick Jagger and the Rolling Stones”, providing an “intangible advantage” due to the fame of the band.

Ms Brown found the trademark application was “designed to acquire a springboard or advantage and would be regarded as in bad faith by persons adopting proper standards” and refused the registration.

Westcott and Jackson did not respond to requests for comment.

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