Australian Supreme Court Ruling:

Pink Lady America entitled to ownership of brand in Chile

After a two year court battle, the Supreme Court of Victoria, Australia, decided Pink Lady America (PLA) is entitled to ownership of all trademark rights of the Pink Lady brand in Chile and that Apple and Pear Australia Limited (APAL) no longer has any such rights.

In 2007 PLA agreed to transfer to APAL all rights it had in the Pink Lady® set of trademarks in Chile in return for a perpetual license to use the trademarks in the trade in apples between Chile and the USA, Canada, and Mexico.

In 2013 APAL breached that agreement and denied PLA the full benefit of that license. The Court held that this breach of the license “gave rise to PLA’s right to resume ownership of the assigned trademarks.”

The consequence of this Court decision is that PLA is the only party entitled to issue licenses for the use of the Pink Lady® set of trademarks in the export of apples from Chile to anywhere else in the world.

This is good news for the Chilean apple industry. It removes any doubt that PLA is the only party who can authorize the use of the the Pink Lady® set of trademarks in Chile and will allow a simpler process for growers to export their apples from Chile under the Pink Lady® brand.

PLA is taking steps to put into place the logistical framework for the transition of the ownership of the Pink Lady brand to effectively manage this whole process seamlessly from Chile throughout the world. PLA will continue to maintain commercial pathways for all stakeholders concerned that are both sustainable and beneficial to the growers.

PLA will put into place a simplification process for the better administration of the brand from Chile to the rest of the world. PLA will work diligently to improve the brand for the entire distribution chain and create better opportunities for all concerned.

PLA will be providing the Chilean industry additional information on the logistical implementation of the ownership transition very soon.

For more information:
Lynnell Brandt
Pink Lady America
Tel: +1 509-248-4352

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