A Montreal-based streetwear company, after sounding the alarm, is now being credited for producing the original white fleece that was modified to create a viral jacket worn in the hit series Heated Rivalry.
Ahead of the resolution reached Thursday, Yaniv Abecassis, CEO and founder of Kuwalla Tee, explained how his company’s jacket, embellished for the series, has made a splash across Canada after its debut in the second episode.
“This fleece is just from our collection. It was sourced from our brand to be used on the show and we were not aware this was going to happen,” he said.
Adjustments to the original jacket include Canada in red lettering on the back, splashes of red on the collar and zipper pulls, and maple leaves on the arms.
It was designed by Canadian costume designer Hanna Puley to be, in her words, “really wearable, cozy” and “super simple.”
Character Shane Hollander, played by Canadian Hudson Williams, sports the zip-up during the Sochi Olympic scenes.
And while the fluffy jacket isn’t official Team Canada merch, fans have been demanding the opportunity to buy it ever since it aired. Williams even presented Prime Minister Mark Carney with a fleece from the show on the red carpet at the Prime Time screen and media industry conference gala in Ottawa last week.
(Patrick Doyle/The Canadian Press)
The creators of the show have partnered with a Canadian clothing company, Province of Canada, to answer the call to make this fleece more widely available.
But the problem, Abecassis explained, is that his company’s fleece was being used to market the new product — and Kuwalla Tee wasn’t getting any credit. Before contacting CBC News, he took steps to secure that credit.
Kuwalla Tee cried foul over marketing
Abecassis said at first, Kuwalla Tee reached out to the show’s producers and Province of Canada for recognition on social media.
“We even congratulated them for the amazing embellishments that they did to the fleece,” he said, noting using the modified piece for the show isn’t the problem.
“The real issue — the reason we are speaking out — because now they are monetizing it.”
The modified fleece was given to Carney as the new Province of Canada line was announced, Abecassis said.
“You see that it’s our label he’s putting on,” he said, pulling the collar of a white fleece open, showing the tag, stitched on the centre back neck.
Seeing their label on a product another company is marketing is “when we got really frustrated,” he said. His company reached out privately to the producers of the show, asking that the images of Kuwalla Tee’s modified product be removed from advertising. But the producers refused, he said.
That’s when CBC News started asking questions on Wednesday, reaching out to Heated Rivalry producers’ public relations firm, which represents Accent Aigu Entertainment and the Province of Canada.
Production company says it’s not the final design
At first, the firm sent a link to an Instagram post.
“We wanted to clear up a few things about the fleece jacket,” the post begins, acknowledging that the merch announcement included an image of the modified costume piece.
“This isn’t the final design. We’re looking forward to sharing our final unique design based on the show with you once it’s ready. The article of clothing that will be available to the public will be made and produced in Canada which has always been a top priority for us and which Province of Canada provides.”
All of Kuwalla Tee’s products, according to its website, are designed in Montreal and produced overseas.
The co-owners of a sewing studio in Winnipeg are hopping on the Heated Rivalry bandwagon, offering fans of the hockey romance show the opportunity to make their very own version of the viral Olympic-inspired Team Canada sherpa jacket.
The statement goes on to say there was never any intention to take away credit from the manufacturers of the base fleece and “if interested in purchasing the solid white fleece jacket, not associated with the show, feel free to contact Kuwalla Tee.”
It notes 10 per cent of proceeds from the Heated Rivalry fleece jacket’s sales will be donated to a charitable organization.
However, on Thursday afternoon, after negotiations, an amicable agreement was reached, the firm said in an email.
“Kuwalla Tee has now been tagged by Heated Rivalry TV and Province of Canada, and credited on posts in question where the cream fleece jacket is shown,” the email says.
That means the Montreal-based company is getting credit on social media.
‘That’s just life,’ says law professor
Still, from a legal perspective, Richard Gold, a professor at McGill University, says the company didn’t have much of a case.
He said competition law generally permits profiting from the actions of others — even with similar products — because most generic fashion items, such as a fleece jacket, have little legal protection unless they include a registered logo or a highly distinctive design element.
Ultimately, he said, the value of the jacket comes from its association with the series, Heated Rivalry, and not the company, Kuwalla Tee.
“I’m sure if I’m the company that develops the original fleece, I’d love to have the market exclusivity for it,” Gold said, “but I’m not the one who created the value, it’s the show and the characters and the people who produced it and they provided a licence to another company, and that’s just life.”