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Ankalia and the Ankalia bird logo are trade marks owned by Kellie Rakich trading as Ankalia Textiles.
Ankalia Textiles work hard to bring a high quality Australian made product to the local community. You can feel confident in knowing that any Ankalia product or accessory (as well as our manufacturing process) is of the highest quality, from yarn to carrier. We are proud of every item we produce and want to continue to bring new ideas to the wider community.
It is also important for our customers buying second hand to be able to reliably identify our products.
We are resourceful people and we love being able to sell our fabric and see all the beautiful items people make from them. However, as we also make items from our fabric it is important that customers know who has manufactured the items and that no one is misled about the origin.
With a few simple guidelines we can avoid confusion and stay with Australian Consumer Law, Trade Mark Law and law of Passing Off.
We would like to set out some guidelines for makers about using fabrics produced by Ankalia Textiles so that customers are not confused and to avoid the need for lengthy legal letters.
DOS AND DON’T OF USING WRAP SCRAP MANUFACTURED BY ANKALIA TEXTILES
Clearly label your items with your own name or business name
Only refer to Ankalia to describe the origin of the fabric used in the item, e.g. featuring/using/made with Ankalia Textile’s Mako Confetti wrap fabric
Clearly state if the wrap scrap used was purchased as seconds quality and whether or not a fault is visible in the piece used on the item.
Remove Ankalia tags or labels or wooden buttons from our wraps and apply them to your finished item, whether for your personal use or not
Use the Ankalia Textiles brand in a way that implies partnership, sponsorship or endorsement if this has not been previously obtained with written permission
Combine any part of the Ankalia Textiles brand with your name, marks or generic terms
Use trade marks, names, domain names, logos or other content that imitates or could be confused with Ankalia Textiles
Use any icons, images or trade marks to represent Ankalia Textiles
Assert rights over the Ankalia Textiles brand whether by trade mark registration, domain name registration or anything else
Modify Ankalia Textiles brand assets in any way, such as by changing the design or colour without clearly identifying that you have modified the fabric, for example dying the fabric.
EXAMPLES OF ACCEPTABLE USE OF ANKALIA TEXTILES BRAND;
An item is offered for sale as “Annangrove hip bag featuring external panels of Ankalia Ariel Bay wrap fabric and (describe other features of the product”).
Ariel Bay wrap is converted and converters brand is clearly shown on the external panel. No tags or labels removed from the original wrap are re-applied to the conversion.
EXAMPLES OF UNACCEPTABLE USE OF ANKALIA TEXTILES BRAND;
An item is offered for sale as “Ankalia Ariel Bay Hip Bag - $100” with no further reference to the origin of the bag, the maker or the other products used.
Ariel Bay wrap is converted either by a professional converter or DIY and the labels are removed from the original wrap and applied to the converted carrier. A person seeing this carrier being used may be misled and think the conversion was made by Ankalia Textiles when it is not.
The use of Ankalia branded etched rings on a conversion not converted by Ankalia Textiles.
These examples could be misleading and deceptive conduct under Australian Consumer Law and/or trade mark infringement and passing off.