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Dateline Australia: Tuesday, 14 December 2004
Sweet Victory for Tim the Yowie Man
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Today, the verdict in one of Australia's most high profile trademark battles was
handed down by the Australian Trademarks Tribunal.
The decision resolves a three-year David and Goliath struggle which pitted
Canberra cryptozoologist, Tim the Yowie Man, up against multi-national corporate
behemoth, Cadbury Schweppes.
In her comprehensive written decision, Trade Marks Hearings Senior Examiner,
Rachel Dunn, found in Tim the Yowie Man's favour, ruling that Cadbury's
opposition failed "in its entirety."
Cadbury's main opposition to Tim's trademark of 'Tim the Yowie Man' was that it
was deceptively similar to their 'Yowie' range of confectionary.
Ms Dunn categorically dismissed Cadbury's claims that children would become
confused between their chocolate products and Tim the Yowie Man, adjudicating,
"children are more sophisticated consumers than the opponent [Cadbury Schweppes]
gives them credit for."
"This isn't just a win for Tim the Yowie Man, this is also a win for common
sense and for the thousands of people around Australia (and the world) who have
offered their support through what has been an emotionally and financially
draining time," said the mystery investigator.
Cadbury Schweppes have one month to decide whether to appeal the decision.
However, Tim suggests, "only a very foolish party would appeal such a clear-cut
decision."
"It would be in everyone's best interest for Cadbury Schweppes to return to
making chocolate instead of instigating ridiculous time wasting legal battles,"
said a jubilant Tim the Yowie Man.
For more information, contact Tim the Yowie Man on
timtheyowieman@bigpond.com |
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