Saks seeks salon makeover

OLYMPIA – National retailer Saks Fifth Avenue wants Salon Fifth Avenue, a longtime downtown Olympia business, to change its name and logo because they falsely imply that the salon “is affiliated with or sponsored or approved by Saks,” according to a cease-and-desist letter.

“Moreover, your use of the Salon Fifth Avenue mark and script logo tends to dilute the highly distinctive nature of and tarnish the goodwill associated with the famous Saks Fifth Avenue mark and logo,” states the letter, which salon operator Elaine McConkey received this month from a Chicago-based law firm that represents Saks Fifth Avenue.

Saks Fifth Avenue is based in New York City and generated about $3 billion in net sales last year, according to its annual report. The company doesn’t operate a store in Washington, according to its website.

McConkey said Thursday that she thinks it’s ridiculous that such a large business is picking on a small business.

“It’s not like I have a bunch of salons, and we don’t sell clothes or anything,” she said.

Attorney Julie Samuels of Loeb & Loeb LLP, who wrote the letter, could not be reached Thursday.

Salon Fifth Avenue has been based downtown for about 30 years. It was on downtown’s Fifth Avenue for years before moving to 111 Capitol Way N. McConkey bought the business after it moved and hasn’t changed the name or business cards, although her son, a graphic designer, recently created a new design for the business logo, she said.

The salon has until May 18 to comply with the terms of the letter, including to “destroy any and all items in your possession or control that bear the Salon Fifth Avenue name and script logo or any other mark, logo,” according to the attorney’s letter. If the salon doesn’t do so, Saks is prepared to seek “injunctive relief and monetary relief” by filing a lawsuit, the letter states.

Salon manager Mark Ford said an “investigator” showed up at the business 30 to 45 days ago and took a “massive” number of pictures of the business, from every angle, for about an hour, he said. McConkey has hired Olympia attorney Ken Valz to respond to the letter.

“I can’t imagine this is a serious letter, and I can’t believe they would pick on an Olympia businesswoman,” Valz said, although he added that this kind of effort is not unprecedented and that he has “seen big companies overreach” before.

The Olympian is in the middle of a similar dispute with the U.S. Olympic Committee, which is protesting an effort by the parent company of The Olympian to trademark the newspaper’s name.

“If they ever get out to Olympia,” Valz said about Saks Fifth Avenue, “we will give them some geoducks and Gore-Tex.”

Rolf Boone: 360-754-5403 rboone@theolympian.com www.theolympian.com/bizblog