An Australian court has upheld Apple and Pear Australia Ltd’s (APAL) rights over Chilean-grown Pink Lady sales in North America.
A Court of Appeal in Victoria ruled APAL was the true owner of Pink Lady trademarks in Chile, not Pink Lady America.
The suit arose from a long standing agreement between APAL and Pink Lady America, which transferred ownership to APAL of Pink Lady trademarks in Chile, “in exchange for an exclusive licence to use trademarks for all relevant apple products between Chile and North America royalty free in perpetuity”, according to the judgement.
But APAL argued that this did not cover the new flowing heart Pink Lady mark called “refreshed” which had been subsequently adopted in 2008.
The court confirmed that APAL can continue to license the Pink Lady trademarks in Chile on Chilean-grown apples that meet Pink Lady brand quality standards. Pink Lady trademarks in Chile include a range of logos such as the Pink Lady flowing heart logo.
Royalties from sales of Pink Lady apples worldwide are worth $20 million a year, which it uses to invest in apple promotion, and in a full time trademark attorney. How do you like them apples?
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