Australia: Dick Smith to appeal OzEmite ruling

Australian food manufacturer Dick Smith is said to have filed an appeal against a decision to remove the trademark registration of the company’s OzEmite yeast spread.

According to Australian Food News (AFN), the appeal was filed in the Federal Court of Australia on 18 March 2014, and will be a rehearing of the removal application in which the Federal Court will consider evidence as to whether the OzEmite brand can continue to be used. AFN went on to say that the OzEmite trademark will remain registered and the product will remain on shelves until the outcome has been determined.

Dick Smith commented: “Since October 1999 I have been devoting considerable cost and effort to develop the OzEmite product. Approximately one year after I announced the name, ‘OzEmite’, Roger Ramsay changed the name of his product from Dinky Di-Nemite to AussieMite, in what I believe was an attempt to misappropriate the reputation in my product and confuse consumers. The Federal Court will be asked to prevent this from happening”.

AFN reports that Dick Smith’s OzEmite was registered in 1999, however was not approved until 2003 and launched until 2012. The AussieMite trademark was registered in 2001, but not approved until 2006. According to Australian trademark laws, the owner of a trademark has the obligation to use it within five years, or a third party is able to have it removed from the register. Dick Smith launched OzEmite eight years after the trademark had been approved, while Mr Ramsay had already filed to have the trademark removed.

Source: Australian Food News