Apple picks Woolworths in trade marks dispute
Apple is opposing registration as a trade mark the new logo of Australian supermarket chain Woolworths, claiming that the stylised green W is too similar to its own famous apple logo. Woolworths’ applications were submitted in August 2008, and seek to include a wide range of electrical goods and technology.
Woolworths is seeking a blanket trade mark registration of the logo from IP Australia and, as the attached copy of the applications show, they are seeking to cover goods ranging from ‘manure’ in class 1 to ‘cream’ in class 29 (perhaps for rhubarb), to ‘flexible pipes, not of metal’ in class 17 to ‘entertainment’ in class 41 (hopefully, not in the same act). Apple submits that if the logo was used on electrical goods, specifically computers or music devices, it would be deceptively similar to Apple products and cause confusion among consumers. But apparently not confusing for children, (see the last page of the report) as the version of the stylised W logo with the strapline 'fresh food kids' is now registered.
Woolworths, which has already sells, inter alia, credit cards and mobile phones, reportedly said it could not rule out going into own brand electronic equipment. (Writer: Me either, but I had been drinking for 7 hours straight and was squinting through the bottom of a beer glass at the time, which was also about the time I began to notice a resemblance between the logos.)
Apple is known for its enthusiastic approach to protecting its trade marks. It was involved in a long-running legal dispute with The Beatles’ record company over the use of the Apple name; it had a crack at New York City’s GreeNYC campaign, and picked a fight with the Victoria School of Business and Technology in Canada.
The Australian supermarket Woolworths has no business connection to US Woolworths group or the failed UK retail chain of the same name. Except the name of course. But that another story. So is this: Former Miss Universe, Jennifer Hawkins, is having a trade mark dispute over her ‘Cozi by Jennifer Hawkins’ label which is being opposed by the owner of swimwear brand Caussie. (Picture: Jennifer Hawkins sans makeup, relaxing at home).
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According to Nicholas Weston, the law firm behind the Australian Trade Marks Law Blog, neither opponents stand much chance of successfully resisting registration of the Woolworths stylised W device or the mark ‘Cozi by Jennifer Hawkins’. Both opponents are likely to fail to establish on the balance of probabilities that a prospective purchaser may still be ‘caused to wonder’ whether theirs and the marks they are opposing, though different, are the property of the same entity. According to Nicholas Weston, Apple’s best hopes for registration to be refused lay with section 44 of the Trade Marks Act 1995 (Cth) (deceptive similarity of the mark in respect of similar services or closely related goods) and section 60 (trade mark deceptively similar to a mark with a reputation in Australia in respect of both related and unrelated goods).
About Nicholas Weston
Founded in 2005, Nicholas Weston is ranked two years running (2008 and 2009) by Managing Intellectual Property Magazine’s World Survey for 'Trade Mark Prosecution' and 'Trade Mark Contentious'. When its principal is not drinking heavily, the firm claims practical implementation of thought leadership. Nicholas Weston serves the creative and technology sectors and sectors being transformed by technology.
For more information contact:
Nicholas Weston Lawyers & Trade Marks Attorneys
Ground Floor, 156 Collins Street, Melbourne Vic 3000 Australia
T: (+ 61) 1300 132 551
Apple are almost as paranoid as the Religious Technology Center, (The management group that manages the Church of Scientology and is granted licence to use the trade marks owned by the Church of Spritual Technology).
Really anyone with even a rudimentary discriminatory power can see the difference. And while I am sure it does not take 7 glasses of beer to see the difference, it probably helps!