The company behind troubled footwear retailer Moda in Pelle is involved in a trademark dispute with its previous administrators over the ownership of the brand, Retail Week can reveal.
The UK’s Intellectual Property Office is investigating whether the ownership of Moda In Pelle’s brand rights was unlawfully transferred during the brand’s liquidation.
123 Retail Ltd, which owned the ‘Moda in Pelle’ trademark, was placed in a court-ordered liquidation after receiving a winding-up petition from HM Revenue and Customs on July 1, 2024, over unpaid debts worth £2.8m.
The company was a non-trading entity and was responsible for holding group assets, including leases on several retail properties that were operated by the trading entities within the group.
Around the same time, 123 Employees – thought to be responsible for the company’s payroll – also received a winding-up petition over outstanding debts of £2.9m.
The Intellectual Property Office shows Moda in Pelle’s trademarks were re-registered from 123 Retail Ltd to 123 Investments Ltd on July 4, 2024.
Liquidators at CRG Insolvency are contesting the validity of the re-registration of five trademarks connected to Moda In Pelle, including its sister Shoon brand.
They claim that the transfers are void under section 127 of the UK’s Insolvency Act, which states that assets cannot be transferred or sold after the date of the petition.
It is understood that the Intellectual Property Office is still waiting for a response from 123 Investments Limited, the parent company now trading as Moda In Pelle, and that a decision is likely to be made in the next 24 to 48 months.
A Moda In Pelle spokesperson said: “Moda in Pelle is a well-established British brand that has traded continuously since 1975 and continues to do so.
“The trademark assignments in question were lawful, properly documented commercial transactions. The liquidator’s claims are rejected, and we are defending the proceedings robustly through the appropriate legal channels.”
The news comes as Retail Week revealed last month that another one of Moda in Pelle’s companies connected to its payroll systems (MIP Employees 1975) had been served a winding-up petition from HMRC.
The brand’s chief executive, Anil Patel, resigned last month and was replaced by Benjamin Buck, the son of the business’s founder.
Sources told Retail Week that Patel’s reason for quitting the business was due to conflicts with the founder and new ownership over the direction of Moda in Pelle.
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