Pink Lady America's appeal dismissed

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Matthew Jones

BY MATTHEW JONES

@matt_fruitnet

Pink Lady America's appeal dismissed

Chilean trademark case put to bed, with Apple and Pear Australia recognised as rightful owner

Pink Lady America's appeal dismissed

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An Australian court has dealt the final blow to Pink Lady America’s (PLA) bid to secure ownership of the apple brand in Chile.

The ruling stems from a decision made in the Supreme Court of Victoria last November, which found PLA had no right to use the Pink Lady trademark in the South American nation. The case determined peak industry body Apple and Pear Australia (APAL) was the rightful owner of the trademark.

Following the Supreme Court case, PLA lodged an application for special leave to appeal the decision to the High Court of Australia. It also requested a stay of execution of the orders issued by the Supreme Court to allow it to continue licensing exporters in Chile until the High Court application was determined.

The stay application was dismissed in February, while the High Court threw out the appeal earlier this month.

“The High Court has considered Pink Lady America’s appeal application which means that the Court of Appeal’s [Supreme Court] initial decision stands and Pink Lady America cannot appeal this decision further,” APAL chief executive Phil Turnbull said in a statement.

The ruling ensures all use of the Pink Lady trademarks in Chile on Chilean-grown apples must be licensed by APAL, including where apples are exported from Chile.

Licences will only permit the use of the Pink lady trademark on apples that meet international Pink lady brand quality standards.

“This is a great outcome for APAL’s Pink Lady business and all our stakeholders,” Turnbull added. “It’s important to acknowledge the hard work, dedication and advice we’ve received from so many individuals on this matter.

“I’d also like to recognise and thank Garry Langford and Rebekah Jacobs for the great work and tireless hours they have each dedicated to the case over many years.”

 

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