A lawsuit was filed against the Singaporean bag brand by the American department store Target

Aupen is sued. According to media reports emerging last night, the Singaporean bag brand started by former national swimmer Nicholas Tan has been served a lawsuit by the American department store Target for alleged trademark infringement. The lawsuit claims that Aupen’s name is too phonetically and visually similar to Target’s private label for “intimates and sleepwear”, Auden. In a lawsuit letter shared by Aupen on Instagram on 25 August, the key issue is the “nearly identical phonetic and visual similarities” between the two brand names, ‘Auden’ and ‘Aupen’.

Target’s Auden brand was launched in 2019. It was “relaunched” in 2024, according to industry newsletter Retail Dive. Trademark records reportedly show that Target registered several Auden trademarks in Singapore in 2018, while Aupen’s own mark was registered in 2023 although the brand was founded in 2022. The specific dates in this case are significant, as they form the foundation of Target’s legal claim by hinging on the core trademark principle of who used or registered the mark first. Aupen’s trademark registration in Singapore in 2023, coming a full five years after Target’s initial registration, is a critical weakness in its legal position.

A curious brown paper bag is all there is on the Aupen website. Photo: aupen.com

Target is seeking to prevent Aupen from using its name. It seems that the latter is aware of its impending demise as a result of the case. According to CNA, Aupen staffers “have been told they will be laid off.” It is unclear if that meant that the brand will shut down. Mr Tan has commented on his socials that “this will erase us”. He added, “because of this pressure, I’ve had to give my team their last-day notice.” We visited the Aupen website and found the page devoid of products. One image remains—it is a brown paper bag wrapped in clear plastic that is reminiscent of those by Comme des Garçons, except this one is printed with text that suggest it’s for housing legal documents.

Even the Aupen Instagram page is cleared of posts, except two: One thanking Madonna for using their bag (produced with LVMH Métiers d’Art) and the other, images of media reports on the relaunch of Target’s Auden in 2024, as well as the lawsuit letter that could spell the end of Aupen. But the brand’s defiant stance can be sensed on Instagram Stories, where it shared an image of founder Mr Tan in a black T-shirt, as if in mourning, and the word “TARGET” and the store’s unambiguous logo beneath. That was followed by a photo of Jennifer Aniston carrying an Aupen ‘Nirvana’ bag. It does not appear that the brand or Nicholas Tan is contemplating immediate surrender.

Nicholas Tan in an Instagram Stories post. Screen shot: aupen/Instagram

Whatever the reaction on the part of Aupen, the lawsuit serves as a powerful reminder that in world of brand protection, a name’s phonetic and visual similarity can be as significant as a direct copy of a product. Aupen’s rising success, coupled by their products’ visibility as seen on celebrity arms, made it a spotlighted bull’s eye for Target’s legal team, despite the vast difference in their business models and price points. The lawsuit is a calculated and strategic legal manouevre to protect a valuable corporate asset—its brand portfolio. For Aupen, a small startup, this means they are caught in the crossfire of corporate legal moves, and the result will be a massive, disproportionate blow to its business.

While it is not official that Aupen is completely shutting down, the signs are unfortunately there: the layoffs, the website’s status, and the propable finanical pressure of the lawsuit. They point to an unfortunate end for the brand as we know it. The legal pressure from Target being passionately proactive has effectively stopped Aupen’s progress. As of now, we are unclear where the production arrangement with LVMH stands. Or Aupen’s own production. Even if it feels that it is being unjustly targeted, the harsh reality is that they are left wirh few viable options. A lawsuit is a weapon, and its most effective use is to force the other party to surrender. Aupen is quite literally the target.

Illustration (top): Just So