Dazie v Dazy: The Trademark War

by Chelsea Perriman | April 28, 2025| Latest News

Australian fashion retailer, The Iconic, is attempting to sue the Chinese fast fashion giant, Shein, for allegedly infringing the trademarked name of their exclusive label “Dazie”. Clothing under the Dazie name has been designed inhouse and sold by The Iconic since January 2018.

The Iconic hit Shein with an infringement notice letter in August 2022 for selling clothing under the name “Dazy’” which they argue is identical or substantially similar to the Dazie trademark. Since then, the two retailers have been trading letters back and forth. Shein had advised they would stop selling clothes under the Dazy name but have continued to do so. The Iconic initiated legal action in November 2024 after two years of unsuccessful communication with Shein’s lawyers. 

Recently, Shein has launched a countersuit against The Iconic arguing that they are not the actual owner of the trademark. In documents filed with the Federal Court, Shein pointed to instances where other businesses had sold clothing under “Daisy” or similar names such as “Daisy Clothing”, “Daisy Dance & Children’s Wear” and “Daizy Boutique” before The Iconic trademarked “Dazie” on 18 December 2017.

The Iconic has denied all Shein’s claims, countering that “Daisy” and its variations were not used as trademarks by those individuals or businesses.

The case is ongoing in the Federal Court. The two parties will hold meditation discussions soon and, if unsuccessful, a trial is set to begin on 5 May 2025.

This dispute highlights the importance of protecting your brand and registering your trademark. A business or individual who owns a trademark is able to legally deter others from using a trademark which is “substantially identical” or “deceptively similar’ to the registered trademark. It allows a company to have the exclusive, registered right to use, licence and sell the mark and protects a company from infringement or damage of reputation from another company.

A registered trademark is registered under the Commonwealth Trade Marks Act. Under this Act, any ‘sign’ can be registered as a trademark. This includes business or product names, logos, slogans, a word or letter, symbols, sounds, colours, distinctive product shapes, images, movements or scents. Australia follows the 10th edition of the International (Nice) Classification of Goods and Services for the purposes of registration of trademarks, which contains 45 classes.

Once your trademark has been registered with the Trademarks Office, your asset will be protected. Registered trademarks last for 10 years before needing to be renewed. However, applications can be made to remove a registered trademark. It is also important to note that an Australian trademark only gives you protection in Australia. If you want protection in other countries, you’ll need to apply for it in those jurisdictions.

If you believe that someone may be infringing on your trademark, you should seek legal advice to find out what can be done to enforce your intellectual property rights. Our Commercial Litigation lawyers can provide you with the necessary assistance. Let us help you.