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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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    Mute Alison Kenny
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    Feb 21st 2013, 8:21 PM

    I work there. This has nothing to do with Enda Kenny or the government or hospitals in the south east. It’s simply a matter of how products perform in the markets and what’s in demand. Has been happening in this type of industry for years. It’s all about competition.

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    Mute Eamonn Bolger
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    Feb 21st 2013, 8:44 PM

    Sorry to hear to Alison. Real world economics as you point out.

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    Mute seamus ryan
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    Feb 21st 2013, 8:44 PM

    This has everything to do with Kenny. I was made redundant a year ago and one of the reasons was because the government changed the percentage of redundency paid that an employer could claim back so companies panicked and let staff go. They are in front of the cameras when new jobs are announced but they do nothing for those losing their jobs.

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    Mute Jay Thompson
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    Feb 21st 2013, 8:48 PM

    Seamus sorry to hear you were made redundant but companys dont just make people redundant to clame relief on it the business was more than likely in alot of trouble before the government decided to alter the relief

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    Mute Dylan Ryan
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    Feb 21st 2013, 9:11 PM

    Hold on folks…these are voluntary redundancies….no one is being forced to go…..in addition, voluntary leave normally comes with large lump sum payments well in excess of a years salary depending on the length of service, and very low tax implications and people leaving still get full social welfare payments …..these schemes can allow people move on and take up other careers, retire early or go back to study…

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    Mute Alison Kenny
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    Feb 21st 2013, 9:51 PM

    They are not voluntary. 206 will go. No choice there. The voluntary part is that you can nominate yourself to be one of them. If they get enough that way. It’s fine. After that its LIFO

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    Mute Len Raynor
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    Feb 21st 2013, 6:55 PM

    The economy is f**ked

    40
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    Mute Vincent Dolan
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    Feb 21st 2013, 6:56 PM

    Really? You’d think someone would have said something????

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    Mute Reg
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    Feb 21st 2013, 7:17 PM

    That though first crossed my mind about five years ago now!

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    Mute ThomasFrancisMeagher
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    Feb 21st 2013, 7:25 PM

    Another blow to the South-East. The region has been worse hit by the recession than anywhere else & now more job losses. & worse still, the government is trying to downgrade the regions hospitals & force the regions people to travel to already overcrowded hospitals in Cork & Dublin. There’s a big march in Waterford City on Sunday. There’ll be a huge crowd & the government might finally get the message that enough is enough & stop these mis-guided plans to break up the SE health boards to please vested interests in Cork & Dublin.

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    Mute Julie
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    Feb 21st 2013, 7:50 PM

    5 years and no improvement, what do the next 5 years hold for us ordinary working class people. Scary thought.

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    Mute Tigerisinthezoo
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    Feb 21st 2013, 7:56 PM

    Think your comment sums up a lot Julie.

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    Mute Margaret O'Shea
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    Feb 21st 2013, 8:32 PM

    The march is in Saturday 2pm starting at Ballybricken in waterford city – especially important for those in south tipp as Clonmel hospital will not fare well if the south east hospital network is broken up.

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    Mute Eamonn Bolger
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    Feb 21st 2013, 8:43 PM

    I think it’s Saturday TFM.

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    Mute Shane King
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    Feb 21st 2013, 10:19 PM

    Another silent protest that will make the news for 10 seconds.its time for the people of ireland the stand up for themselves no more silent peacefull protests

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    Mute Eamonn Bolger
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    Feb 21st 2013, 10:33 PM

    I would agree Shane. We need to go a la Francais. But you have to have unions who are not protecting a Government party on order to do so.

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    Mute Shane King
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    Feb 21st 2013, 10:48 PM

    Yes it cant involve the unions and lets do it on a week day and cause real disruption instead of doing it on a saturday and getting a permit of the cops to do it.every town and city has goverment buildings they should be picketed and if the cops want our suppourt hopefully they wont be heavy handed.

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    Mute ThomasFrancisMeagher
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    Feb 21st 2013, 11:16 PM

    Sorry. My mistake. Saturday at 2. Ballybricken to Mall.

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    Mute Julie
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    Feb 21st 2013, 7:48 PM

    They don’t have anything in their heads only meeting the targets of their EU masters. Lets cut cut cut and tax tax tax so we can keep the eu happy and hold onto our extravagant salaries, feck the reality of what we are doing, who cares we still living the boom lifestyle.

    We are the little people, they don’t care about us. Enda cares more about Angela then he does about you or me simple as. Democracy is dead.

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    Mute Chris
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    Feb 21st 2013, 8:38 PM

    I’ve said it before…but what would u do differently? I genuinely want an answer and I’m not trying to start a fight..I feel like more could be done..but what? Taxes are bad for people but they are probably necessary, as with cuts in some instances..but honestly what else would you do? Where would u get cash to run the place?

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    Mute Jay Thompson
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    Feb 21st 2013, 8:44 PM

    Julie there is job losses all across europe and america .. You cant blame it all on enda and co .. We wont recover untill america& eurpoe shows recovery

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    Mute Eamonn Bolger
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    Feb 21st 2013, 8:45 PM

    For starters by not spending more than you raise in taxes. Seems fairly radical………..

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    Mute Julie
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    Feb 21st 2013, 9:16 PM

    Now remember I do not have an advisor worth 100,000 or so of tax payers money.

    Would have defaulted on PN, Michael Taft said no consequences to defaulting on it
    Would not have poured so much money into clearly failing banks
    Would have demanded a write down.
    Would have caped salaries of civil servants 100,000
    Scrapped allowances
    Reduced pensions of the likes of Bertie
    Means test child benefit
    Scraped property tax( people are getting nothing for that money)
    Taxed wealth instead if low earners.
    Put in more favourable rates for our natural resources
    Locked up corrupt politicians and bankers not let them walk away with massive pensions and bonuses and hire them elsewhere
    I agree with SF budget I just think it is fairer and more equal. Populist is what governments and their followers like to call it but I disagree.
    As I said there has to be alternatives to something that is not working we have tried 4 years of austerity where has it got us. It doesn’t work and if it continues there is a lot more hardship and the economy has not seen the worst of things yet.

    Jay funny you mention job losses in the rest of Europe and America, they both are following the monetary policy of austerity clearly not working for them.

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    Mute Jay Thompson
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    Feb 21st 2013, 9:29 PM

    julie so your answer to the question is that enda cause the job losses because he has an advisor and has implamented austerity and is cutting the counrties finance bill by taxes ans ==d cuts .. you must not have been here in 2007 when we went bust i suppose that was endas fault aswell how dare he do that .. governments can be blamed for alot if things but the loss of 100 jobs in tipperary surley isnt one of them … “THE MAN” cant be at fault for everything julie

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    Mute Itiswhatitis
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    Feb 21st 2013, 9:48 PM

    Jay that is rubbish we wouldn’t be in such a bad state only for the goverment paying debt we dont own.

    Enda and Co are to blame in most cases.

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    Mute Jay Thompson
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    Feb 21st 2013, 9:52 PM

    iswhatitis please explain how they caused this? baring in mind they were not in power when we went put and they also can force people to buy good or services from companies

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    Mute Eamonn Bolger
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    Feb 21st 2013, 10:34 PM

    They turned a gambling debt into a sovereign debt Jay.

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    Mute Jay Thompson
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    Feb 22nd 2013, 8:05 AM

    Eamon that didnt cause the recession. The recession came first

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    Mute Mark Copas
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    Feb 21st 2013, 8:15 PM

    That is going to be a big loss for all them families. 5 years this mess is running and no change for the better. We are so f****d, we need business people to get the country going not schoolteachers. Where will it all end.. disaster

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    Mute Chris
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    Feb 21st 2013, 8:40 PM

    Agreed..unfortunately many of the “business” people of the last 10 years are now bankrupt/ turned out to be crooks

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    Mute Eamonn Bolger
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    Feb 21st 2013, 8:42 PM

    A restructuring plan. Always used in the real world unfortunately. Never in the Public Sector.

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    Mute Jay Thompson
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    Feb 21st 2013, 6:57 PM

    100 jobs announced this mornin 200 lost this afternoon .. Not at all wat we want

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    Mute Len Raynor
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    Feb 21st 2013, 7:02 PM

    Everyday we lose on average 42 jobs

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    Mute Jay Thompson
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    Feb 21st 2013, 7:03 PM

    Whats your basis for that ?

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    Mute Len Raynor
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    Feb 21st 2013, 7:11 PM

    Cso calculation – over last 20 months

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    Mute Jay Thompson
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    Feb 21st 2013, 7:21 PM

    Ouch i didnt think it would be that much …

    19
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    Mute Darragh Mac Domhnaill
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    Feb 22nd 2013, 1:14 AM

    Strange that Abbott had a large graduate recruitment drive this year given all the job cuts they announced. Some dodgy goings on. Probably hoping to get rid of people on big contracts and bring in grads for a 1/4 of the price. It’s not right and companies doing this need to be named and shamed.

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    Mute Damien Ruth
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    Feb 22nd 2013, 7:54 AM

    They’re process is heavily dependant on front line operators and like all big manufacturing faculties they’re trying to lean up and automate that process as much as possible. The redundancies won’t effect the engineers too much as they’re looking for 188 op’s to go

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    Mute Sinead O Brien
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    Feb 21st 2013, 8:37 PM

    In Spain, you can buy a years supply of these products for the price of a pint.

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    Mute Liam Woulfe
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    Feb 21st 2013, 10:03 PM

    The Abbott Vascular Clonmel facility manufactures vascular products, i.e stents and catheters. These products are used in hospitals, these products are not available over the shelf, and these products are certainly not available in Spain for less than the price of a pint.

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    Mute Sinead O Brien
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    Feb 21st 2013, 10:48 PM

    I was in the Canaries last week, and I bought a year’s supply of catheters for a fiver. We’re being screwed in this country.

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    Mute Liam Woulfe
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    Feb 21st 2013, 11:37 PM

    Sinead, I think you’re confusing the product made in the Abbott Clonmel facility with another entirely different type of product. The catheters made in Abbott Vascular Clonmel are vascular catheters used to treat patients with artery blockages. The people in Clonmel are making a sophisticated product, which is only marketed to hospitals, and are only used by physicians. Due to this there is no such thing as having a personal years supply.

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    Mute Hank
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    Feb 21st 2013, 11:45 PM

    Yeah I bought 6 months supply of pacemakers in France last week for a tenner each,… Jeez⬇

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    Mute Chris
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    Feb 22nd 2013, 9:01 AM

    That’s what Kenny would have you believe Liam..it’s all his fault..open your eyes

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    Mute jason stenson
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    Feb 21st 2013, 9:53 PM

    They may be voluntary starting off, but if they don’t get the numbers which I don’t think they will
    it will soon become compulsory,I also work there and its certainly not a years pay that’s on offer

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