2013 Merchandise & Miscellaneous News Archives

May 22, 2013: Australian Fitness Company Loses Out in Superman Workout Battle

Comic Strip An Australian Federal Court judge has declared this week that Sydney-based fitness company Cheqout cannot register "Superman Workout" as a trademark.

    The judge found that when Cheqout applied to use the trademark last July, it did so in ''bad faith'', having used ''Superman'' with a shield symbol and the colours red, white and blue.

    In July a delegate for the Registrar of Trade Marks ruled there would be no confusion between the workout classes and Superman because DC Comics itself had never conducted fitness clinics.

    DC Comics appealed on the grounds that ''superman workout'' would be ''likely to deceive or cause confusion'', and that Superman had ''acquired a reputation'' in Australia.

    Justice Bennett concluded: ''I am satisfied that at the date of application for the trademark, Cheqout's conduct fell short of the standards of acceptable commercial behaviour observed by reasonable and experienced persons.''

Source: Sydney Morning Herald. Illustration by Cathy Wilcox.



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