Griffith Hack trade mark specialists are serving up their thoughts on recent food and beverage trade mark disputes.
The Delegate in the trade mark opposition for IRON CHEF v IRON CHEF (Fuji Television Network Inc v Iron Chef Pizza Pty Ltd (2020) ATMO 107) found that even though the marks were identical, the opponent’s registered rights for “restaurant and café services” were not the same (or similar) to the applicant’s food delivery services.
Fuji Television Network (the Opponent), the company behind the Australian production of the Iron Chef cooking shows originating in Japan, felt aggrieved that Iron Chef Pizza (the applicant) was intending to develop an app called IRON CHEF to facilitate the ordering and delivery of restaurant meals as well as provide food delivery services.
The Delegate found that the opponent’s “restaurant and café services” might have some similar trade channels to food delivery services, however the nature and use of the services differ. Food delivery services provide transport of food from restaurant to consumer while restaurants and cafes provide food for consumption.
The opposition consequently failed.
This is an important reminder for trade mark owners wanting to oppose identical trade marks in Australia. Services should not be viewed as similar solely on the basis of subject.