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A notebook made from recycled paper - one of the products on Greenthegap.com

Meet the small Indian recycler in trademark war with Gap

Green the Gap has three stores in India and sells home decor and accessories made out of waste. Gap has asked them to change their brand.

AN INDIAN RECYCLING company which uses junk to create accessories is fighting a legal trademark suit launched by US clothing giant Gap Inc demanding that the firm change its name.

Green the Gap, an Indian company which runs three stores in the country, mainly sells accessories and home decor items made out of waste including beer cans, rubber tyres and fruit cartons.

Vimlendu Jha, founding owner of the firm, which also sells clothing for other brands, accused Gap in an interview last Friday of seeking to “bully” a small Indian company.

In March, the owners were slapped with a legal notice by Gap asking them to change their name and remove any reference to the company from their labels within 14 days.

A month later, the US retailer told the Indian firm it could keep its name for registration purposes but must remove any mention of Gap in their labelling and on their website, Jha said.

“Gap said our company is infringing upon their branding and that we are riding on their goodwill to create confusion in the minds of buyers,” Jha told AFP.

We were shocked and angered that a company of that size and stature and supposed respectability is getting threatened by a small business.

The legal notice, a copy of which was seen by AFP, said Gap was “seriously concerned” about the adoption of its “well-known trademark” by the Indian entity.

K&S Partners, the law firm that issued the notice on behalf of Gap, was not immediately available for comment.

But Gap said it “does not comment on pending litigation” in response to an email query from AFP.

Greenthegap.com
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  • Greenthegap.com

  • Gap.com

Jha added that Green the Gap’s name was an environmental reference.

“We wanted to ask people is it possible to consume less and can we consume green? We upcycle trash which means we add value to junk by creating a new and useful product,” he said, adding that the idea of competing with Gap was nowhere in their minds.

“For us ‘gap’ is a word in the English language that means void, absence. How can you monopolise a common English word?

“Next we will hear we can’t use apple and orange in our lexicon. This is plain ridiculous.”

He said the company was now in verbal negotiations with Gap to try to settle the dispute.

Jha launched Green the Gap five years ago as part of Swechha, an Indian advocacy group he set up to pursue environmental sustainability and proper pay for workers.

The name was inspired by a Swechha education scheme known as Bridge the Gap, said Jha.

Foreign investment

Gap, which is the largest casual wear retailer in the United States with annual sales of over $15 billion, has some 3,000 outlets in 90 countries across the world. It also owns global brands such as Old Navy and Banana Republic.

Local media reports have said Gap plans to open stores in India some time next year, which would make it one of the biggest global brands to launch in the country.

India’s government in the past few years has relaxed restrictions for international retailers to set up shop in the nation as it seeks more foreign investment.

India’s trademark act stipulates that another company cannot sell products with an identical or confusingly similar label.

Jha said the US retailer’s legal suit should ring alarm bells for the government.

“Opening up the market for larger players must not mean that smaller players are shut out,” he said.

- © AFP, 2013

Why a Nike case could make retailers afraid to file trademark suits>
Apple settles $60m Chinese iPad trademark case>

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21 Comments
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    Mute Alan Little
    Favourite Alan Little
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    Aug 4th 2013, 9:12 AM

    They should change their name to Green And Proud or G.A.P that’ll really pee the Gap heads off and get them more free advertising.

    153
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    Mute BadDrivingIreland
    Favourite BadDrivingIreland
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    Aug 4th 2013, 9:16 AM

    Agreed I’d live to pee in off the giant’s even more, just because they have money they are stirring this story. Sad people really.

    46
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    Mute Matt Connolly
    Favourite Matt Connolly
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    Aug 4th 2013, 11:51 AM

    Will wicklow cc have to remove all signs for Sally Gap?

    If a word appears in the dictionary – nobody should be allowed claim exclusive rights to it.

    36
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    Mute BadDrivingIreland
    Favourite BadDrivingIreland
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    Aug 4th 2013, 9:01 AM

    Well after looking at the two pictures the American GAP are pathetic, does not look anything like the Indian one.

    100
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    Mute KarlMarcks
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    Aug 4th 2013, 10:17 AM

    US The Gap tried to do the same years ago in Ireland, bullying the Irish Gap chain which had its flagship shop in Suffolk Street in Dublin.
    The boss there fought back and won.
    So can these terrific Indian dudes.

    “Never mind The Gap!!”

    54
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    Mute Sean Bambi Keeling
    Favourite Sean Bambi Keeling
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    Aug 4th 2013, 11:40 AM

    Places such as Irish GAP and Irish Diseal are just trying to use a label to ship poor quality products by lying to their consumers.

    11
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    Mute Sean Bambi Keeling
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    Aug 4th 2013, 11:40 AM

    *misleading

    2
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    Mute John Quill
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    Aug 4th 2013, 9:15 AM

    Typical capitalist corporate bully boys.

    56
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    Mute Berry
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    Aug 4th 2013, 10:01 AM

    So will we have to rename the Wicklow Gap or the Sally Gap?

    55
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    Mute Matt Connolly
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    Aug 4th 2013, 11:52 AM

    dang – posted – then saw you beat me to it. sorry for the repeat.

    7
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    Mute ThomasFrancisMeagher
    Favourite ThomasFrancisMeagher
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    Aug 4th 2013, 9:15 AM

    Does GAP stand for Gobs#%!s & Pr#%*s?

    27
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    Mute BadDrivingIreland
    Favourite BadDrivingIreland
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    Aug 4th 2013, 9:37 AM

    The corporate bully should change name to SAP.

    23
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    Mute Paul Furey
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    Aug 4th 2013, 10:39 AM

    That’ll only start another war with SAP. Best just change to CRAP.

    21
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    Mute John Quill
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    Aug 4th 2013, 3:41 PM

    At least ‘Green the Gap’ are honest enough to admit that their clothes are made from Garbage.

    16
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    Mute Patrick
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    Aug 4th 2013, 12:34 PM

    This should be fun Indians are a stubborn as fcuk and they hate corporations,

    15
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    Mute Patch Quinn
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    Aug 4th 2013, 10:28 AM

    Its those money greedy fat stupid americans. They would attack anyone for money

    14
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    Mute MB
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    Aug 4th 2013, 9:21 PM

    You should watch Extreme Couponing on TLC – jaysus its an eye opener.

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    Mute Aoife Quinn
    Favourite Aoife Quinn
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    Aug 4th 2013, 9:23 AM

    Write on poo!!??

    13
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    Mute Mary Fitzsimons
    Favourite Mary Fitzsimons
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    Aug 5th 2013, 10:21 AM

    Paper made from elephant poo. Elephant poo is full of plant fibre, makes great paper, as does sheep poo,

    2
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    Mute Ann Mc Kennedy
    Favourite Ann Mc Kennedy
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    Aug 4th 2013, 2:08 PM

    What a bunch of conceited knob ends!! They assume if anyone hears the word “gap” — its related in some way to their products?!? Boycott the dozey planks…

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    Mute Brian O Cinneide
    Favourite Brian O Cinneide
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    Aug 4th 2013, 12:08 PM

    tSome years ago, when on a visit to London, I saw big advertisements on the side of buses. They said Gapkhakis. I wondered who this Greek fellow was.

    4
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