Plagiarizing Pride: A Tale of Two Christopher Streets

PLEASE NOTE: The following account is going to be long. But if you care about and want to support small brands, you’ll read until the end to learn about how a brand with obvious private equity backing has stolen a perfume name I trademarked, is culturally appropriating the queer story behind it, all the while pretending to care about queer communities and their stories. I’ll let you decide for yourself how convincing that care is…

You may have noticed that 19-69 recently launched a Christopher Street fragrance. According to an email I received from their brand reps, this scent is not meant “to harm [Charenton Macerations’] IP but to pay homage to an important part of history.” Riiiiiiight. And just in time for Pride Month. Recognize this launch for what it is: a poorly executed rainbow cash grab, now complete with a self-serving giveaway [Update: As of 1pm EST on July 16, Instagram has taken down the contest posting. As of 10am EST on August 2, 2021 19-69 has reposted their contest to Instagram and has asked to have their names removed from this article]. 

Perfume brand 19-69’s tagline is “Bottling Counterculture.” More like: Bottling other people’s ideas, ignoring trademarks, and profiting from stolen intellectual property. 

Welcome to the tale of two Christopher Streets… 

The Parties

Charenton Macerations is a queer-owned and operated indie fragrance brand founded in Brooklyn by me, Douglas Bender. Charenton Macerations’ Christopher Street was crafted in partnership with an all queer team from Mane. The fragrance was the culmination of 5 years of extensive on-the-ground research. 

19-69 was founded by Johan Bergelin and Silas Oda Adler. The company is based in Sweden, but has sales, marketing and distribution relationships globally. 19-69’s Christopher Street was created by Flair Paris. 19-69 does not appear to have any known connections to the queer community other than the year.

Stage 1: They Deny Everything

I first learned of 19-69’s Christopher Street fragrance plans back in April. Friends had directed me to early PR releases coming out of Europe announcing a planned June launch. The copy in that release had me concerned. It first referenced a notoriously transphobic Daily News article from 1969 (https://www.nydailynews.com/opinion/gay-rights-wrongs-article-1.2628050). It went on to quote a Kevin Spacey scene from American Beauty (see below). Neither of these “inspirations” were things I wanted in any way linked to Charenton Macerations’ Christopher Street. I immediately reached out to 19-69 to discuss the situation. On May 10th of this year, I received the following response:

Hi Douglas, 

Thank you for contacting us.

From 19-69 perspective we do not see any infringement regarding Christopher Street or your brand. It has nothing to do with one another. 

Further we also know the difficulties in trade marking a street name. We did not find any existing proof of trademark.

Yours sincerely 

Johan Bergelin 

That’s 19-69 brand founder feigning ignorance of the current fragrance market and trademark law. Two fragrances, both named Christopher Street, selling through some of the same retailers, referencing the same historical sites and sounds… sure, they definitely have “nothing to do with one another.” (wink wink). The two are clearly similar.  

Here’s Charenton Macerations’ original Christopher Street copy:

“Out of the Bottle, Into the Street…”

New York City’s Christopher Street is one of the oldest and longest streets in the West Village. Designed as a diagonal road against a rectangular grid, it has always been known for its subversive character. A street of merchants and misfits, along with the occasional mob front, Christopher Street has played home to a cast of unlikely heroes that has included everyone from Beatniks and Bohemians to homosexuals and drag queens. The neighborhood is a vibrant spectrum of diverse personalities that shatter traditional notions of gender norms.

Developing a long-standing reputation for celebrating individual freedom, Christopher Street is most notably known as the location of the 1969 Stonewall Riots. Over the years, Christopher Street’s promises of hope have made it a chosen destination for those individuals moving to New York City in search of openness and acceptance. It is “The Shangri-La of the West Village.” All around the world, its name has become synonymous with the word “liberation.” Stemming from its rich history, its interesting architecture, and its quintessential connections to New York City activism, Christopher Street was seen as the perfect inspiration for the first Charenton Macerations fragrance.

Home to merchants and misfits, Beatniks and Bohemians, dissidents and protesters, the West Village’s infamous Christopher Street has established a reputation for celebrating rugged and rebellious individualism. Like the unique architecture of the street’s Northern Dispensary, Christopher Street introduces a distinctive fragrance structure that challenges traditional olfactive notions of gender. Unlike unisex fragrances that target a lowest common denominator, Christopher Street revels in the unexpected harmonies of its strong masculine and feminine notes. The fragrance combines classical floral chypre elements with more subversive tones of metals, smoky tobacco, watered down alcohol, wet woods and clove. Every bottle of Christopher Street is hand filled, rolled in leather, and packed in patchouli.

Christopher Street was created in collaboration with perfumer Ralf Schwieger of Mane USA.

Named a 2014 Art and Olfaction Awards Finalist in the Independent Category.

And here is 19-69’s copy: 

The perfume Christopher Street by 19-69 is a celebration of where pride began. Keywords for the fragrance are enigmatic, sultry leather and gourmet.

Fragrance notes include Black Pepper, Cumin and Myrrh Absolute.

Johan Bergelin: “You knew of it as an unholy place that society ranted and warned you about. Located on Christopher Street in NYC was the Stonewall Inn, a shady bar frequently visited by drag queens and outcasts. The area became the birthplace of the Stonewall Uprising, one of the most significant social turning points of 1969. As stated in New York Sunday News: Homo nest raided. Queen bees are stinging mad. Before the insurrection that started on Christopher Street you were never out. Just in.”

Christopher Street Fragrance Journey – So What’s your Business?

In a leafy part of the suburb there is a beautiful lane with well-kept residences and flourishing gardens. This includes the household of Jim Olmeyer and Jim Berkley and their small dog Bitsy who tends to bark a lot. New to the vicinity however, is the Fitts family. The father, U.S Marine colonel Frank Fitts sports a strict crew cut and a classic brown cardigan with a checkered shirt. Reading glasses on, he studies the newspaper at the kitchen table while his wife is preparing breakfast. The door bell rings.

Frank: “Are you expecting anyone?” 

Mrs Fitts: “No. No!”

Frank answers the door where Jim and Jim wait, both eager to greet their new neighbors to the community. Wearing suits and ties, there is a pleasant waft of fragrance as they present a wicker basket generously filled with homegrown vegetables, pasta and fresh, colorful flowers.

Jim O: “Hi!”

Jim B: “Welcome to the neighborhood.”…

Furthermore, given that CM’s trademark for Christopher Street was approved all the way back in 2012, (something easily verifiable through a quick USPTO search, or, you know, Google), the claimed lack of existing proof was simply laughable. Given 19-69’s blanket denial, I immediately responded with a cease and desist (including a copy of our Christopher Street trademark registration). I also started reaching out to my retailers to give them a heads up. 

Stage 2: They Lie and Lie, and Then Lie Some More

Nearly a month went by before I heard anything more from 19-69. Having sent the cease and desist, my hope was that 19-69 would simply decide to pull the product. It had not hit shelves yet, so 19-69 still had time to rename and repackage the fragrance. Yes that would mean taking a hit upfront, but it would still afford them the ability to salvage the rest of the work free from this obvious confusion. Seems logical, no? Instead, 19-69 responded on June 7th with the following email message:

Hello Douglas,

I hope this finds you well. My name is Steven, working alongside Johan for 19-69.

Thank you for bringing this to our attention.

Christopher Street is a small batch limited production for 19-69. We produced about 1250 units and the product is not currently in production. 19-69 is a small batch fragrance company based in Sweden.

Is there an arrangement we can work out with you to limit distribution in the US and sell most of the bottles in Europe? Our intentions were not to harm your IP but to pay homage to an important part of history.

Kind regards,

Steven Wildenberg

19-69

Hello Douglas,

I wanted to add one more point to my email below.

19-69 will market and sell the product in EU and has no plans selling the product in the US unless we can reach an agreement with Charenton Macerations. In US we might be able to sell a total of 50 -100 units.

Kind regards,

Steven Wildenberg

19-69

Translation: It was only a minor infraction. We swear we didn’t know. Maybe we can just work something out. I mean, did we really do anything wrong? And, you know, the queers and stuff. PS, we are gonna go ahead and sell this shit in Europe regardless. PSS, and still market in the US…

I mean, what can I say? That day… nothing… as in, the lawyers had to drive. I was too angry, too disappointed. At this point it was clear that 19-69 was going to do whatever they could to avoid taking any responsibility for their actions. This fragrance had to be in stores in June for Pride, damn the consequences. I guess I have a different definition of the word homage. From then on, I let the lawyers push back. My main focus had to be on Pride. So, while I was on the street, 19-69 was continuing to expand distribution, and then began paying influencers to tout their product on social.

Stage 3: They Refuse to Comply

Fast forward to July 14th.  Pride month had come and gone. As the back and forth between our brands continued, 19-69 decided it was a good time to announce a giveaway on Instagram: free bottles of Christopher Street in exchange for free user-generated content creation and tags. They are now giving the perfume away in yet another attempt to benefit from the name and idea they stole, walking a very fine line of liability. Adding insult to injury, they tout Pride365 and GLAAD in their post. Completely shameless. 

nineteen_sixtynine_official

To raise awareness of the Gay Liberation Movement which started at Christopher Street with the Stonewall Uprising (1969) in NY, 19-69 have decided to release Christopher Street Eau de Parfum by 19-69 for free. How to claim a bottle? Create an artwork based on LOVE and FREEDOM and post on IG ( an illustration, printing, Music, photo or other). Tag 5 of your friends and @nineteen_sixtynine_official. Shipping and VAT not included. 1 application per person only. While stock last. Offer ends 30 Aug 2021. For full details and terms, please visit www.nineteen-sixtynine.com. We always love hearing from you, but due to high demand, 19-69 are not able to respond by DM or other regarding enquiries related to this giveaway. For tracking enquiries 19-69 refer to carriers. Thank you for being part of our community. Happy Pride 365 days a year! Peace and Respect // The 19-69 Team #bottlingcounterculture #nineteensixtynine #christopherstreet #lgbtq+ #glaad

via Instagram, July 14, 2021

Stage 4: Accountability?

At this point, 19-69 has stopped responding to messages. Their current strategy is… unclear. No matter the angle, the optics of this situation are not good for them. Yet 19-69’s team seems to be incapable of doing anything other than causing more damage. Meanwhile, more product seeps in through gray market channels as 19-69 continues to dodge accountability. The last offer on the table was for 19-69 to stop production, and simply cover the costs of the resulting damages. Their response to that offer was the above giveaway announcement. That, and to continue retail expansion.

Let me be clear, 19-69’s Christopher Street has, to this day, resulted in absolutely no real benefit to the queer community. Instead, 19-69 is actively benefiting at the expense of our queer-operated business, unapologetically exploiting queer stories and spaces for personal profit and recognition, and now asking to be rewarded for their actions. My skin crawls just thinking about it.

Christopher Street is my baby. I am protective of that work. Not just because I am proud of the finished product. I most certainly am. But I am most protective of Christopher Street because of what its stories mean to the people who lived them. Throughout that project, people trusted me with these very personal glimpses into their lives. The creative process itself was a rediscovery of my bonds to the queer community, complete with me being welcomed into the larger West Village family. And at the end of the day, that sense of community really is everything. Community is the true legacy of Christopher Street. That’s my inspiration. That’s what’s in my bottles. 

But this experience has left me saddened and a bit bruised. But there is still hope for accountability. 

I am asking for your help. Please share this story. Take to social.  #Keepchristopherstreetqueer 

And, BUY QUEER!!! BUY QUEER!!! BUY QUEER!!!

I am forever grateful for the continued support I received over the years. Businesses like mine really depend on that support to survive (especially during unexpected things like the onslaught of a global pandemic), so the fact the each of you has shown CM love for nearly a decade means so much to me. 

Feel free to share your thoughts in the comments or send me a DM. Love to hear your take on the current state of affairs.

Thanks for reading.

XO

DCB.