Aero Leather Articles.

[Edward]

Not at all, the machinations of TM law are a fascinating, especially in emerging markets. For what it's worth, it could be a lot worse for Aero Scotland. In China, Chivas Regal's brand is owned by a solitary Chinese businessman who refuses to give in. It's not whisky he produces, just cheap branded clothing, bags etc.

Mmn, though here in the UK too he could legitimately register the mark providing it was for different categories of use (as it is) and there was no danger of confusion (c/f cases over garden hosepipes with the mark "Lego", and "Champagne" being used for a bubble bath product...). Of course, if he's clearly duplicating logos and all sorts in a way that is designed to leech off the whiskey mark's owner's business, that wouldn't fly in the UK.

It's a popular practice known as trademark squatting, and basically a form of blackmail: "Pay us handsomely, and you get the rights to your name back, otherwise its a lengthy and expensive legal battle with no guarantee of a positive outcome".

Yeah... they're likely to get hammered in the courts (cybersquatters who register TMs as URLS are now dealt with under criminal law), but the hassle....

The problem is that in China it's not whether you can prove you're the rightful owner that counts, it's a case of the first person to lodge the trademark gets them - neither Justin Bieber, Oprah Winfrey or Facebook own their own brands over there.

Yes, it works that way to a greater extent out there... Same in a lot of places, though to some extent - as it is for patents too. The basic problem is that traditional legal mechanisms still have not (and in some cases cannot) step from the nation state level to a globalised market place.

Also, the Chinese are very fond of their luxe brands - and this is where Aero might want to take notice - and the likes of Hermes are locked in a never-ending cycle of legal battles trying to prove that their brand was well-known before it was registered and therefore theirs, which is not as easy as you would imagine.
But here is the kicker: if you do start a legal challenge, you have to keep going with it as the case progresses through the court system with various appeals etc. You can't lose in one court, go away and have a think about it, and resume your challenge. If you get off the treadmill, then you back to the start of the process, which makes it difficult for small companies to tackle the problem once it starts.
A lawyer I spoke to about this, I'm normally a journalist when not considering my Aero purchase, described it as the "Wild West" for TM law, and that any company even just considering of expanding there, or with a product that could be counterfeited over there would be mad not to do it asap.

It's a fascinating place on so many levels - their legal system is bureaucratic beyond belief (the European Commission has nothing on them!). The biggest challenge for IP is cultural: it's simply, in the grander scheme of things, an alien idea in China for the most part. Fast changing as they have not so much embraced capitalism as taken it in a headlock and made it their, uh, subservient. It will take time, but it is interesting to see the influence, for better and worse, of Western culture in China (at least in the big cities - as anywhere, the poor rural areas will change little in just a few decades) - law (China now has an independent legal right of privacy, totally devoid of any connection to libel, as of 2010, emergent Data Protection laws on a very European model (if limited by sector, a very US approach, rather than an over-arching scheme). All fascinating stuff. The IOC (whose chief interest is always the $$$...) put a lot of pressure on ahead of the Games in 08 for Beijing to clamp down on IP violation. They are getting there, but slowly. Of course, an awful lot of the problem is a response to a (Western) market... Shame, as China has so much going for it in terms of skills, I'd love to see more of their great homegrown stuff getting out there. I've never seen so much choice / variety as in a Chinese electronics store. They even have a smartphone that is basically a counterfeit iPhone in appearance, but actually offers far superior functionality to Apple's product...

Sorry, yes, it did occur to me as I posted the message that it was rather long... hopefully, come Friday when I return from Gala, I'll have relevant stuff to post.

Keeps it visible in anticipation of Friday, no?

 

[Sloan1874]

To say I am looking forward to going over there is an understatement! Think gold ticket winner in Charlie and the Chocolate Factory. I'm looking at a LHB, slim fit Japanese config in cordovan, storm cuffs, cord linings and a pair of G1-style pockets (for which I thank you, sir), with a tartan lining (probably Kidd) and sateen sleeves. This, however, may change when I get there...
The Chinese situation is interesting - it has a direct link to the 'Aero price rise' thread - in that they hoover up raw materials without apparently producing much in the way of innovation, sort of the opposite of the UK. My fave is the copy Honda that appeared on Top Gear, which bore the badge Honga...

 

[Sloan1874]

Apologies for this, but I noticed I repeated the same article twice at the start of this thread. Just for completedness' sake, here's the 2001 one that I missed out. Apologies.


Aero keeps an ace up its sleeve.

By RON CLARK.

604 words

8 October 2001

The Herald

THE real enthusiast in the Aero Leather Clothing Company's shop might go for an original - such as the leather jacket worn by AL Harrison, the pilot who flew President Roosevelt in Air Force One. A snip at (pounds) 2850.

Most people, however, might settle for one of the hand-made replica Second World War flying jackets - average cost (pounds) 400 - which Aero Leather is turning out from an unassuming factory along the mill river at Galashiels.

Certainly, enough buyers have found their way to the factory shop to push turnover in the financial year to April to (pounds) 1m, on which Aero Leather is profitable.

And the company is gaining significant market share through a successful website.

Co-owner William Lauder said an imminent order from a major manufacturer, whose name he could not yet disclose, will "substantially" increase turnover this year.

The company has been making meticulously-crafted clothing based on original patterns since 1985, when co-founder Ken Calder sold his wares from a shop in London's Portobello Road.

He got together with Lauder, a war memorabilia expert, on moving to Moffat, where they established a small factory, employing five people.

"We tried opening again in London," said Lauder, "but we just couldn't get the right employees. Many of the people in Gala, however, are ex-mill workers, and they are terrific."

The men - they are still sole owners, along with Calder's wife, Lydia - moved to the Galashiels premises in 1991. Two years later, they were employing 42 people, had a turnover of (pounds) 3m, and had won the Queen's Award for Export.

Aero specialises in front-quarter horsehide leather jackets, RAF, USN, and USAAF military flying jackets, authentic denim, Rayon Hawaiian shirts, and vintage sweatshirts.

The horsehide is sourced from "natural death" horses, since US law forbids the slaughter of horses for leather. This makes it expensive and very rare. Aero also deals in Alaskan steer hide, Australian sheepskin and Alpaca wool from Peru.

"Most of the companies which originally made the jackets went bust shortly after the war, so there is no problem about copying the designs exactly," said Lauder.

The company was hit a few years later by floods of cheap imports. "We could bring in a pair of leather jeans from India, fully tailored - and to not a bad standard - for less than it cost us to buy the leather," said Lauder.

The number of employees has dropped to 14. Lauder admitted he was swimming against the tide by continuing to manufacture in Scotland but said he would have it no other way. He said Aero survived by concentrating on quality both in the leather and the workmanship.

The company is on a growth track again, with about 50% of output going to Japan, 40% to continental Europe and the US, and the remainder to the UK.

Lauder said the saving of the firm was the development in 1998 of a website. It was relaunched in October last year and mail order sales rose almost immediately by 150%. Nearly 40% to 50% of sales now come from web enquiries, with the same proportion of output going to wholesalers. Retail sales at the factory shop are minimal.

"We were spending (pounds) 10,000 on an ad in a glossy men's magazine for virtually no response. The website has changed the company," said Lauder.

"We feel the site is running really well now. We've sorted quite a few problems and we're hoping for a great Christmas out of it."

 

[Fanch]

It is truly a pleasure to see a successful family run business produce something of this nature that brings smiles to others. A small company that is able to accomplish what Aero does is the backbone of middle class UK and America.