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‘I Lost My Brand and the Rights to My Name—Here are 6 Tips for Naming a Company After Yourself if You Plan on Going Into Business With Someone Else’

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Lauded designer and entrepreneur Cheval is no stranger to resilience and reinvention. When the former wedding dress designer, previously known as Hayley Paige Gutman, signed an employer agreement with a bridal retailer in 2011, she never thought that nearly a decade later, she would find herself in a legal battle over the rights to her name and trade.

At the age of 25, the Say Yes to the Dress alum was offered a head designer position for a wedding dress collection that would share her personal name. Having been offered her dream job, she signed a long-term contract without legal counsel and granted her former employer the rights to use her name (Hayley Paige) as a trademark for the collection. It wasn’t until years later when she tried to renegotiate the terms of the contract that the legality of it all would come to a head. The negotiations ultimately turned into her former employer suing her in federal court over ownership rights—and they won. 

“I lost the rights to my name in any business or commerce or even to publicly identify, as well as my right to work in my chosen trade for a five-year period,” says Cheval on the latest episode of WorkParty. She also lost the rights to her social media account, which had over one million followers. “I’ve really had to reassess and come up with a new perspective on life and identity and who I am through all of this.” 

Since then, the designer has legally changed her name and embarked on a journey to rebuild. In 2022, she launched She Is Cheval, a women’s shoe brand incorporating whimsy and ultra-femme details for which she is long beloved. She also founded A Girl Who You Might Know Foundation, which provides resources and legal support for young designers, creatives, and entrepreneurs navigating the contracting process to help them learn their rights under the law. 

Contrary to what you may expect, Cheval still supports the idea of using your own name in your company's branding. “So much of branding is about identity and that is how you can separate yourself from very diluted industries,” she says, “but it’s important to know how to protect yourself.” 

Here, the designer maps out six important tips for negotiating contracts for those looking to name a business after themselves (and also bring on other partners or investors).

1. If you have the means, hire a lawyer to review all contracts

They have the knowledge and expertise to interpret the terms of an agreement and understand the implications of these terms down the line. 

2. Know how to protect yourself and how to position it so that everyone can win

A business is a business at the end of the day and it’s important to make sure your needs are met. Come prepared with data/backup to support the value of your terms. Know what your hardline is in advance, what you could compromise on, and how you will respond if your non-negotiables aren’t met. For additional resources on how to protect yourself, visit Cheval's foundation here.

3. Whatever is being said technically means nothing—it should be in a contract

Everything should be in writing. Don’t assume that anything that’s agreed on verbally or seems mutually understood is legally going to stand up in court.

4. Don’t be afraid to ask questions and have tough conversations up front

The negotiation period is the time to be transparent with any concerns and lay everything out on the table. If you wait until later, there will be no obligation to ensure your needs are met. 

5. Learn how you fight and negotiate early on, whether it’s in business or relationships

Know your strengths, address areas of improvement, and figure out how you’re going to respond in different scenarios before going into negotiations.

6. If you have a gut feeling that something is wrong, it’s okay to walk away

Think about how many potential opportunities there could be out there with other partners who wouldn’t make you feel uneasy. Combat the notion that if you don’t take the deal, you’ll never have another opportunity. Listen to your intuition.

Tune into the latest episode of WorkParty with Jaclyn Johnson for more on prevailing through tough career moments, important negotiation tactics, and candid conversations on rebuilding your identity both professionally and personally.

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